The Role Of Judicial Activism In Advancing Social Justice In India - A Constitutional Analysis

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T21:30:36.406952+00:00

Updated: 2026-08-26T17:05:21.473+00:00

THE ROLE OF JUDICIAL ACTIVISM IN ADVANCING

SOCIAL JUSTICE IN INDIA: A CONSTITUTIONAL

ANALYSIS

Manasa Ranjan Mishra, Assistant Professor of Law I.C.S.S Law College Bhadrak, Odisha

ABSTRACT

Social Justice serves as the foundation of India’s democratic framework , which is deeply interwoven with the notions of equity, fairness, and the just distribution of resources to the common advantage of the public, who are the ultimate authority of the Indian Republic. The Apex court in India recognized the concept of social justice as one of the basic structure doctrines with the objective of improving the socioeconomic conditions of marginalized groups and particularly promoted the notion of Public Interest Litigation (PIL) to advance the sacrosanct objective of social justice. The Indian constitution incorporated the idea of social justice as part of a grand and noble vision articulated in the preamble to set up an egalitarian society, where liberty, equality, justice, and fraternity would ideally be allencompassing.

Moreover, The notion of judicial activism serves as a protector for preserving the fundamental rights of citizens against the onslaught of executive oppression and legislative overreach. Judicial activism is a result of judicial review; because each proactive measure taken by the Supreme Court must always be evaluated against the benchmark of Article 13(2). 1 This paper seeks to reveal the evolving aspects of the idea of social justice and judicial activism in harmony with the Indian constitutional framework, alongside changing judicial trends, while outlining the role of judiciary as a promoter of positive transformation. . Further, this paper tries to encapsulate the correlation between social justice and judicial activism and challenges of judicial activism in reaffirming social justice in the context of 76th years of Indian Republic.

Researcher has taken the liberty to adopt non-empirical method to substantiate the objectives of this paper and to draw up the conclusion. Keywords: Social Justice, Judicial Activism, Public Interest Litigation, Indian Constitutional Landscape, Judicial Review, Fundamental Rights.

1 The Constitution of India, 1950

INTRODUCTION:

All the rights secured to the citizens under the constitution are worth noting, a mere bubble, except guaranteed to them by an independent and virtuous Judiciary. - Andrew Jackson2 The making of Indian constitution is a long-cherished dreams that comes true with the advent of constitution of India, which is a testament for realization of the sacrosanct ideals ingrained in the preamble of our constitution. The constitution of India seeks to secure to the people of India to attain the prime objective of providing justice to the people irrespective of religion, cast, color, creed and place of birth. The ulterior motive of justice is to have balancing of individual good with collective good of the society in the larger interest of all.

Social justice is a bye-product of a democratic polity, which is the embodiment of entitlements of people to get fair share of opportunities and social-economic rights. The core value of social justice encompasses with the empowerment of individuals to take part in the process of governance and decision making influencing their quality of life. It presupposes the safeguarding the interests of marginalized sections of the social strata sans external influence. Social Justice may be perceived as the fair and merciful allocation of the gains of economic progress. 3 The three pillars of social justice may connote equality of treatment , right and opportunity. The concept of neutrality is to be adopted in every sphere of human endeavors so far as gender, race, competency, socioeconomic status and sexual orientation is concerned.

The constitution of India incorporates the ideal of social justice as a basic principle with a thrust of eradicating disparities in different forms and manifestations and ensuring reasonableness and equity. It seeks to ameliorate the conditions of vulnerable sections and to foster inclusivity so as to put in place a just and equitable social order. As the concept, self- implies denotes the equality of opportunities and facilitating a congenial environment for value added improvement of quality of life of citizens in the country. Inter alia, it is associated with the following indices namely:

1. Elimination of socio-economic and political disparities;

2. Safeguarding the interests of vulnerable sections of the society;

2 https://www.brainyquote.com/quotes/andrew_jackson_401401

3 United Nations

3. Access to equal opportunities in terms of education, employment, and governance.

Annihilation of discrimination and exploitation The notion of social justice is firmly embedded in the constitutional ideals of liberty, equality and fraternity that as visualized by the makers of the constitution. On the other hand, the concept of judicial activism outlines the proactive and instrumental role taken by the judiciary in confirming the rights of citizens and maintaining the constitutional values and legal system. Judicial activism serves as a proof of liberalizing the methods of and guaranteeing access to justice and offering relief to marginalized groups of people. The Black’s Law Dictionary defines judicial activism4 as “judicial philosophy which motivates judges to depart from the traditional precedents in favor of progressive and new social policies”.

“Judicial Activism” -as suggested by Justice Bhagawati 5envisages a paradigm shift in the interpretation of the constitutional and statutory provisions in accordance with the changing dynamics and uncertainties of human affairs . in Indian context. Judicial activism is seen as the historical understanding of a current provision in order to highlight the effectiveness of laws for promoting social welfare, in alignment with the constitution6. The supreme court too in multiple occasions urged the judges to strive to attain the constitutional aspirations of socioeconomic justice. In the case of S.

P Gupta v Union of India7 referring to the orthodox British view of judging a judge as a unbiased and passive umpire- the court observed: The judiciary cannot merely act as a passive observer or bystander; it must be a proactive stakeholder in the judicial system, prepare to have the application of the law in pursuit of social justice by the instrument of a proactive, objective-driven approach.

What is imperative is to have judges who are inclined to create new tools, develop modern methodologies, devise innovated strategies, and usher in a novel species of jurisprudence, serving as judicial leaders having a rational vision and a innovative approach, who possess, a unwavering commitment towards the constitution in conjunction with an activist perspective and a sense of responsibility—not to any ruling party, the opposition, or the vocal upper classes, but to the innumerable marginalized millions of India who are systematically denied their fundamental human rights. We need judges who are cognizant of the social and economic realities of Indian life, who are determined to wipe away every tear from every eye, who believe in the constitutional values, and who are

4 https://byjus.com/free-ias-prep/judicial-activism/ last visited on 5th February, 2025.

5 www.tnsja.tn.gov.in last visited on 5th February, 2025.

6 ibid

7 AIR 1982 SC 149

ready to use law as an instrument to fulfill constitutional objectives. Considering the introduction of Article 141 into the Indian Constitution, the Supreme Court in the case of Nand Kishore v. State of Punjab8 stated: “Their Lordships’ decisions declare the existing law but do not create any new law, which aligns with the extensive role of the Supreme Court under Article

141 of the constitution, as the court is not merely an interpreter of the law as it stands, but

significantly more than that. The Court, as an arm of the State, acts as a source of law itself. The law is defined by what the court determines it to be. ” Judicial activism has came up as a potent means to address the infringement of citizens' fundamental rights and to safeguard the basic principles of democracy in India.

OBJECTIVE OF THE STUDY

The present article is being scripted with the below noted objectives that is to be achieved by its logical end and the researcher takes all reasonable and meticulous efforts to substantiate his views.

1. To magnify the wide spectrum of meaning and changing dimensions of the concept of

‘Social Justice’ and ‘Judicial Activism’ under Indian Constitutional landscape.

2. To elucidate the genesis of the concept of ‘Public Interest Litigation’ as an effective

mechanism for espousing the cause of social justice.

3. To delineates the concept of ‘Judicial Review’ which is underpinning the success of

judicial activism in ensuring social justice.

4. To shed light on evolving judicial trends with pro-active role of the judiciary as a catalyst

for a positive transformation in interpreting the concept of social justice and judicial activism.

5. To encapsulate the correlation between social justice and judicial activism.

6. To crystallize the perceptible challenges posed for judicial activism in reaffirming the

social justice in the wake of 76th year of Indian Republic.

HYPOTHESIS

The researcher is taking resort to the following hypothesis to explain the different phenomena pertaining to the present research

1. The concept of social justice firmly embedded in the constitutional landscape in India

2. The concept of judicial activism has its far-reaching impact in evolving human right

jurisprudence in India ensuring social justice to the people;

3. The interrelationship between judicial activism and social justice is underpinning the solid

edifice of a constitutional democracy in India.

4. The evolving judicial trends is a catalyst for upholding social justice within the parameter

of constitutional prescriptions.

5. A proactive judiciary with activist role is highly imperative to reinforce social justice to

the citizens of the country and to cherish the noble ideals enshrined in the constitution on the backdrop of 76th year of Indian Republic.

METHODOLOGY

The researcher in this article has adopted the doctrinal method of research to succinctly delineates the themes of this paper. This paper primarily comes into being by using the sources pertaining to books, journals, magazines, newspapers, articles and supreme court’s cases etc. The researcher tries to bring forth this article by analyzing the non-empirical data collected from aforementioned sources to arrive at the logical conclusion.

EVOLUTION OF THE CONCEPT OF PUBLIC INTEREST LITIGATION:

The idea of Public Interest Litigation (PIL) has a broad significance derived from the American Constitution and was later integrated into the Indian Judiciary, led by Justice P. N. Bhagwati and Justice V. R. Krishna Iyer. In Gaurav Kumar Bansal9, the Supreme Court stated: Public Interest Litigation is essential in specific situations, especially in a Welfare State like ours... the Directive Principles require the State to implement all protective measures that a Social

9 AIR 2015 SC 2062 also See also Swaraj Abhayan (i) v. Union of India, AIR 2016 SC 2929]

Welfare State is obligated to provide. The principle of parens patriae acknowledges the State as the guardian of its citizens as a parent, particularly when individuals are unable to safeguard themselves. 10 Public Interest Law has developed to enhance efforts to guarantee legal representation for previously unrepresented groups and interests. Such groups and interests encompass environmental advocates, consumers, racial and ethnic minorities, and more. 11 The Court, in Pro bono proceedings, intervenes in cases of extreme negligence, as a state policy, a lack of integrity in public affairs, misuse of authority in regulation, and deterioration of the environment. The Court has defended the rights of prisoners and residents of care homes and has aimed to curb the exploitation of labor practices.

12 The landmark innovation of Public Interest Litigation (PIL) is the most notable contribution of Judicial Activism13 of the late 1980s and early 1990s. This period witnessed a spate of myriad PIL litigation with respect to --- Ø the prisoners rights and prison administration 14 Ø the safeguarding of bonded labor agreement and child labor15 It has been emphasized that a strict standard cannot be set for determining the rule of locus standi, as the broad parameters of PIL are still developing a framework. 16 The progress of public interest litigation has greatly contributed to reshaping the concept of judicial activism and increasing its significance.

At present, the court is empowered to accept public interest litigation, even at the suggestion of any sincere individuals and organizations motivated by genuine intentions to safeguard the fundamental rights of a detained person or of a group or class of individuals who, because of poverty, disability, or a social or economic disadvantage, find it difficult to seek help from the Court17. As a result of the rise of public interest litigation, a variety of directives and orders related to environmental protection, labor welfare, police investigations, C. B. I, human rights, and other associated issues have been released in PIL

10 Narendra Kumar, Constitutional Law of India 512 ALA (2020)]

11 ibid

12 Indian Banks Association v. D. C Service , AIR 2004 SC 2615

13 Supra note -10

14 D.K Basu v. State of W. B,AIR 1997 SC 610

15 Neeraj Chaudhari v .State of M.P. , AIR 1984 SC 1099

16 Supra Note 12

17 Dr Kailash Rai , Constitutional Law of India,391 ( Eleventh Ed /Reprint-2017)

cases18. The Supreme Court in Ratlam Municipality v. Vardhichand 19 stated that there was a new ‘enforcement’ aspect not only through certain provisions of the Code of Criminal Procedure, but also through heightened tort awareness. Consequently, orders and directions have been given by the courts for the enforcement of public duties in numerous PILs. 20 In A. B. S. K Sangh (Rly) v. Union of India21, Justice Krishna Iyer remarked that the Akhil Bhartiya Soshit Karmachari Sangh (Railway), although an unregistered organization, has the right to submit a writ petition under Article 32 to tackle a common concern. The prevailing constitutional law includes access to justice through 'class actions', 'public interest litigation', and 'representative proceedings'22.

In the Judges Transfer case23 a 7-judge panel of the Supreme Court firmly established the principles concerning public interest litigation. The Court stated24- Any member of the public possessing “ sufficient interest ’’ is allowed to approach the Court for upholding constitutional or legal rights of other individuals and addressing a common issue.

SOCIAL JUSTICE AND CONSTITUTION OF INDIA

The constitution of India seeks to secure for the people the sacrosanct objective of ensuring social justice to the citizens of this country. Justice is the harmonious blending of selfish nature of man and the good of the society. The attainment of the collective good as distinguished from individual good is the primary aim of rendering justice25 Social justice hovering round the fundamental norms of fairness, equality and solidarity aimed at setting up of a just ,equitable and inclusive society having fair share for all. Social justice is the cornerstone of Indian’s democratic fabric that aptly reflected in the preamble, which posed as a testament to India’s unwavering commitment and dedication for fostering a society ,where every individual enjoys equal rights, opportunities and dignity irrespective of their status and circumstances.

26 Social justice ascribed a paramount significance in Indian constitutional landscape to provide impetus

18 ibid

19 AIR 1980 SC 1622

20 Vineet Narayan v. Union of India AIR 1996 SC 3386.

21 AIR 1981 SC 298

22 ibid

23 S. P Gupta and others v. President of India and others. AIR 1982 SC 149. In Janata dal v. H. S

Chowdhari,(1992) 4 SC 305 the Supreme Court has re-evaluated the extent and purpose of the Public Interest LiNgaNon(PIL).

24 Dr. J. N. Pandey, Constitutional Law of India, 459 ( 59th Edn 2022)

25 Dr. J.N. Pandey, Constitutional Law of India, 36 ( 59th Edn 2022)

26 https://www.drishtijudiciary.com/blog/equity-in-action-exploring-social-justice-through-constitutionalmandates-in-india last visited on 16th February,2025 at 10.30 pm.

for achieving unity and collective advancement acting as a potent weapon to dismantle inequalities and disharmony. Unity in diversity is the bedrock of Indian culture. So , social justice propels to strengthen unity and integrity of the Nation by eliminating socio-economic disparities among citizens of the country arising out of multiplicity of caste ,religion and financial status. The Constitution of India guaranteed social justice to vulnerable sections of the society including scheduled castes, scheduled tribes and other backward classes that enshrined in fundamental rights and directive principles of state policy by the instruments of affirmative actions and reservations. Article 15 was amended by the Constitution ( 1st Amendment) Act ,1951 and clause 4 was inserted due to the decision in State of Madras v. Champakam Dorairajan 27 .

The principle behind Article 15(4) is that a preferential treatment can be given validly where socially and educationally backward classes need it. 28. The aim of social justice to attain substantial degree of social ,economic and political equality, which is the legitimate expectation and constitutional goal. 29The impetus of ‘transformative constitutionalism’ necessitates state intervention in society to achieve social justice30 . Some notable provisions that incorporated in the Indian Constitution , which promotes the attainment of the objectives of social justice are here under31:-

1) ‘We the people of India’ clause at the inception of the preamble inculcates unique

identities to the people of India who are divided by their caste ,language, religion in erstwhile British India but subsequently united by the constitutional mandate of equality of opportunities and status .

2) In a hierarchical society, the inclusion of Universal Adult Suffrage, which was

shrouded on the tents of ‘one person ,one vote ,one value’ was revolutionary and the citizens are conferred by virtue of adult members, a concept known as the categorical principle of inclusion. Article 326 of Constitution of India provides that Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. It implies that every person who is a citizen of India and who is not less than 32 eighteen years

27 AIR 1951 SC 226

28 Supra note-25 ,Pg-152

29 Dr Kailash Rai, Constitutional Law of India,415( Eleventh Edition-2017)

30 https://afeias.com/wp-content/uploads/2024/11/Yojana-English-Role-Of-Indian-Constitution-in-Promoting- Social-Justice-23-11-2024.pdf last visited on 16th February ,2025 at 11.25 pm. 31 https://afeias.com/wp-content/uploads/2024/11/Yojana-English-Role-Of-Indian-Constitution-in-Promoting- Social-Justice-23-11-2024.pdf last visited on 16th February ,2025 at 11.45 pm.

32 Subs. For ‘’twenty one years’’ by the Constitution (Sixty First Amendment) Act, 1988, S.2.

of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence , unsoundness of mind, crime or corrupt or illegal practice , shall be entitled to be registered as a voter at any such election.

3) Abolition of Untouchability:- Untouchability ,which was prevalent in ancient India is

abolished in toto in its different forms and manifestations as per the Article 17 of the Constitution of India. In case if it is practices ,it shall be dealt with heavily with requisite punishments commensurate with legal prescriptions . It is worth noting here that Article 15(2) is an instrument for eradication of untouchability under which no person , on the ground of religion , race , caste, sex, place of birth or any of them can be denied access to shops, public restaurants, hotels and places of entertainment or the use wells ,tanks, bathing ghats , road and places of public resort maintained wholly or partly out of the State funds or dedicated to the use of general public33. In People’s Union for Democratic Rights v.

Union of India34( Asiad Project Workers Case ) the Supreme Court held – The fundamental right under Article 17 are available against private individuals and it is the constitutional duty of the State to take necessary steps to look into that these fundamental rights are not violated. So the Constitution mandated for annihilation of untouchability, which was a stain on India’s forehead and members of some castes in India were to encounter and fall prey to sheer exploitation.

4) Right to Equality:- Principle of equality is fundamental in formulation of any policy by

the the State and the glimpse of it can be seen in Articles 38,39,39-A,43,46 of the Constitution embedded in Part-IV of the Constitution 35The paramount concept common to both expressions of ‘ Equality before Law’ and ‘Equal Protection of Law ‘ is that of equal justice 36.The equality before the law is guaranteed to all without regard to race, colour or nationality. Corporations being juristic persons are also entitled to the benefits of Article1437. In Anita Kushwaha v. Pushap Sudan38 the Supreme Court held access to justice a facets of rights guaranteed under Article 14 and 21 of the Constitution. In National Legal

33 Dr. J.N Pandey, Constitutional Law of India, 209 (59th Edition/2022)

34 AIR 1982 SC 1473

35 State of Punjab v. Senior Vocational Staff Masters Association, AIR 2017SC4072P-4082

36 Sheo Shanker v. State of M.P , AIR (38) 1951 Nag 58 F.B.

37 Chiranjit Lal v. Union of India , AIR 1951 SC 41.

38 AIR 2016 SC 3506at p. 3519.

Services Authority v. Union of India39the Supreme Court held-Article 14does not restrict the word ‘person’ and its application only to male or female and Hijras /transgender persons who are neither male nor female fall within the expression ‘person’.

5) Directive Principles of State Policy: Directive Principles are the sacrosanct ideals need

to be taken into considerations by the Governments in India in the process of devising policies and making laws. The DPSPs are sine qua none for a welfare State governed by rule of law, which is of a paramount importance for ensuring social justice and collective well-being of the people. In the case of Air India Statutory Corporation v. United Labour Union40 the Supreme Court observed that the concept ‘social justice’ which the Constitution of India en-grafted, consists of diverse principles indispensable for the orderly growth and development of personality of every citizens. "Social Justice" is therefore an essential component of justice in a general context.

Social justice is not merely a straightforward or singular concept of society but is a vital element of intricate social transformation to alleviate the poor, among others, from disadvantages, poverty to prevent suffering, and to ensure their lives are sustainable, for the greater benefit of society as a whole. 41 Articles 38 and 39 of the Constitution of India represent the jurisprudential doctrine of 'distributive justice. ' The notion of distributive justice within the realm of law-making signifies, among other things, the elimination of economic disparities and the correction of injustices arising from interactions and transactions between unequal parties in society Central Inland Water Transport Corporation v. Brojo Nath Ganguly42.

Article 38 (1) of the Indian Constitution states that the State shall endeavor to enhance the welfare of the people by effectively securing and protecting a social order in which justice—social, economic, and political— shall permeate all institutions of national life. This directive merely reaffirms what has been previously articulated in the preamble, indicating that the role of the republic is to guarantee social, economic, and political justice for all its citizens. 43 Judicial Activism vis-a-vis Social Justice Judicial activism has signaled the beginning of a new phase in revitalizing the

39 AIR 2014 SC 1863

40 AIR 1997 SC 645

41 Dr. Kailash Rai, Constitutional Law of India, 415 (Eleventh Edition/reprint-2017)

42 1986 3 SCC 156

43 Dr. J. N. Pandey, Constitutional Law of India, 489 and 490 (59th Edition/2022)

understanding of social justice considering the evolving judicial patterns and transformations in the socio-economic environment of Indian society. The principle of judicial activism has played a crucial role in broadening the pathway to justice and addressing the injustices faced by the marginalized segments of society through proactive measures taken by the judiciary that are appropriate to the conditions and changing trends of the era. The judiciary's role in promoting social justice is extremely vital.

1) To safeguard basic rights of the citizens of the country

2) To enforce effective process of good governance and justice delivery system

3) To put restraint on misuse of power and abuse of court processes.

4) To eliminate the scope of executive tyranny and legislative excesses

5) To uphold constitutional sanctity and norms.

The judiciary take up role and responsibilities of a mechanism as a last resort to correct the legislative lacunae so as to have remedy for redressal of any problem faced by the people within the ambit of constitution. The court, by the way prescribed progressive resolution coming out of conventional methods of adjudication to ensure justice to the aggrieved. Challenges for Judicial Activism: The interference of the judiciary in rectifying the shortcomings in the executive and legislative branches has been highlighted because of the oppressive measures enacted by political leaders alongside the ambitious objectives of political factions.

When the elected officials do not meet or actively disregard the citizens' mandate, which conflicts with the tenets of the rule of law and social justice, resulting in the violation of citizens' basic rights, the judiciary takes on a vital role as a guardian and supervisor of personal rights and liberties, guaranteeing adherence to the Constitutional requirements. Consequently, the involvement of the courts in a broad array of matters, which sometimes includes social, economic, and cultural rights, has occasionally sparked vigorous debates about the ability and legitimacy of the judiciary when it intrudes into

areas that are generally considered the domain of other governmental entities44. To support the perspective on the discussion surrounding judicial intervention and its consequences through the public interest litigation (PIL) approach in the field of economic and social rights, the beneficial effects encompass:-45

1) Identifying a platform for an issue that may not have received sufficient focus otherwise.

The judgment in the Visakha case, for instance, has brought into public discourse the subject of sexual harassment of women in the workplace, which had earlier been ignored by both the executive and the legislative branches. It turned out to be advantageous right away as a law enacted by the Supreme Court, to promote the recognition and application of the right to pursue judicial remedy for the damage inflicted on women in the workplace.

2) The ruling in the Paschim Banga Khel Mazdoor Samiti v. State of West Bengal46 illustrates

that the entitlement to urgent medical treatment for accident victims constitutes a fundamental aspect of the right to health, while the directives in PUCL v. Union of India47 highlight that the right to obtain food supplies for individuals living below the poverty line represents the essential, non-negotiable minimum necessary to uphold human dignity.

3) The cases of public interest litigation related to environmental matters have allowed the

Court to articulate the ‘polluter pay principle’ established in Indian Council of Enviro- Legal Action v. UOI48, the precautionary principles affirmed in Vellore Citizens Welfare Forum v. UOI49, and the principle of restitution. The obstacles confronted by the judiciary have, however, not undermined its belief and purpose thus far, despite any uproar from the executive and legislative branches of the government challenging any judicial overreach. The developing judicial trends have significantly shifted towards preserving the integrity of the Constitution, protecting the fundamental rights of citizens, and eradicating any form of executive tyranny or legislative overreach.

CONCLUSION AND SUGGESTIONS:

Judicial activism plays an essential role in advancing social justice within the framework of the Indian Constitution. The judiciary, acting as the guardian of the Constitution, functions as the protector of individuals' fundamental rights and liberties. Serving as a watchful guardian, the judiciary interprets laws in accordance with constitutional objectives and has historically utilized an expansive analysis and interpretation of renewed contours of justice, encompassing social, economic, and political elements. Repeatedly, the Supreme Court, embodying its duty as paren patriae, steps in to support citizens facing socioeconomic difficulties by taking suo motto cognizance of injustice caused to the people due to executive tyranny and legislative excess.

Nonetheless, the concept of judicial overreach, along with concerns regarding the separation of powers and discrepancies in judicial discourse, has attempted to stand in the way for a successful and healthy operation of a federal polity. Hence, judicial activism has fortified the intricacies of democratic ideals and standards and reinforced the human rights legal framework and successfully and effectively established the principles of social justice. in the nation with renewed energy while staying current with the evolving trends of time. Thus, it is very crucial for a vibrant democracy to preserve a critical equilibrium between judicial activism and judicial restraint in order to achieve a remarkable constitutional coherence aligned with the aim and aspirations of constitutional makers.

Therefore, a proactive approach of the judiciary considering harmonious interpretation with the separation of powers can act as a catalyst in ensuring social justice.

SUGGESTIONS

The author hereby put forth the following suggestions to have logical culmination of his research study leading to the conclusion that judicial activism is the inalienable link with social justice , which can be achieved by resorting to the below mentioned suggestions:

1. The judiciary must have ensure judicial restraint and manage to remain with the

circumscribed limit of separation powers envisaged in the Constitution and not to encroach upon the boundary of other wings of the government.

2. Consolidating and strengthening Public Interest Litigation (PIL) Mechanism to eradicate

the possibility of misuse for political vendetta and personal gains and to exemplary

punishment for vexatious petitions and is to have effective screening procedure and to ensure that it is to serve the public interest in merit.

3. Fostering Constitutional Morality by the judges while scripting their judgments that ought

to be base upon constitutional principles rather than personal attitudes and ideologies to ensure objectivity and consistency in judicial activism.

4. Imparting judicial training and sensitization programme for judges to acclimatize

themselves with evolving socio-economic dynamics and human rights perspectives and concerns so as to have just and informed decision making.