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Judicial Activism and Judicial Restraint

By Dr. Malkiat S. Rahi

Published In

AIR 1999

‘Judicial Activism is a device to accomplish the cherished goal of social justice,’ this is how, Justice V. R. Krishna Iyer, one of the greatest protagonist of this judicial trend in India, defines it. Finding its roots in the Constitution of India itself, he says, ‘Project social justice in the constitutional promise, the performance of which assigns an activist role to the Court, and this is radical departure from the conventional judicial function of British and even American Judges.’ Lord Denning also, while denouncing the thinking that Judicial Activism has a role to play only in Common Law Jurisprudence, and has hardly any place in statute covered areas, observes, ‘Many of the Judges of England have said that they do not make law. They only interpret it. This is an illusion which they have fostered. But, it is a notion which is now being discarded everywhere. Every new decision or every new situation — is a development of the law. Law does n ....

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