Judicial Activism vs Judicial Overreach in India

       Among three Organs of the Govt, Judiciary can be considered as a most pivotal   institution which draws its powers from the constitution of India to act as a watch dog for the well-functioning of our democracy. Such an important Organ necessarily need to be active or show its activism whenever needed in the absence of responsible functioning of other organs.

     An evolving and a maturing democracy gives space for creative avenues to attain a status of just society. Public Interest Litigation, Innovative interpretation of constitution and progressive Verdicts etc., are few such avenues supported by judiciary to enrich the democratic principles of our country. it was commented that  judiciary must draw its own ‘Lakshman rekha (inviolable boundary)’ and not take decisions that fall in the domain of executive, highlighting the increasing friction between the judiciary and executive over a perceived overreach by the courts

     Right from Gopalan Case of 1950s to the recent Environment friendly judicial activism verdicts, judiciary has played proactive role in remembering the responsibilities of Legislature and executive. It is true there are instances where judicial activism turned into judicial overreach encroaching the spheres of other Organs. It is high time for judiciary to check its own path of activism to be progressive and well convinced and not to touch the border of overreach.