LLM Notes: Evolving Judicial Trends in India: Balancing Activism, Restraint, and Reform

 The judicial trend in India has evolved significantly over time, marked by key developments such as judicial activism, judicial restraint, and challenges like case pendency.

Judicial Activism

• Judicial activism in India gained momentum from the 1970s, with courts increasingly intervening in matters of public interest and governance. This trend is exemplified by the rise of Public Interest Litigation (PIL), allowing citizens to approach courts directly for social justice issues without strict legal standing requirements.

• Landmark cases like Maneka Gandhi v. Union of India (1978) expanded the interpretation of Article 21 (right to life and personal liberty), making the judiciary a protector of broader human rights and procedural fairness.

• The judiciary has actively addressed issues of undertrial prisoners, environmental protection, and government accountability, reflecting an assertive role in safeguarding constitutional rights.

• However, recent trends show courts exercising caution to avoid judicial overreach, especially in administrative decisions like tender processes, indicating a balanced approach to judicial review.

Judicial Restraint

• Judicial restraint emphasizes the judiciary's limited role, respecting the separation of powers by avoiding interference in legislative or executive domains unless constitutionally necessary.

• This philosophy gained attention during periods like the Emergency (1975-77), where courts upheld parliamentary laws restricting fundamental rights, reflecting a positivist approach to law.

• The judiciary today often tries to balance activism with restraint, ensuring it does not encroach on policy-making functions of other branches.

Pendency and Delays

• India faces a massive backlog of cases, with over 52 million pending cases as of 2025, causing significant delays in justice delivery.

• The judiciary operates at three levels: Supreme Court, High Courts, and District Courts, with the majority of pending cases in district courts.

• Causes of delay include archaic procedural laws, frequent adjournments, absenteeism of parties and witnesses, and misuse of legal procedures.

• New legislative reforms in 2024 aim to expedite criminal justice by replacing older laws with the Bharatiya Nagarik Suraksha Sanhita, Bharatiya Sakshya Act, and Bharatiya Nyaya Sanhita, targeting resolution within three years.

Technological and Structural Trends

• There is a growing trend to integrate technology in judicial processes, including digital identities and e-governance, to improve efficiency and accessibility.

• Judicial autonomy remains a constitutional cornerstone, ensuring courts can function independently without external pressures.

In summary, the judicial trend in India reflects a dynamic balance between activism and restraint, grappling with systemic challenges like case backlog while progressively expanding the scope of constitutional rights and justice delivery mechanisms. Recent reforms and cautious judicial review indicate an evolving judiciary responsive to contemporary governance and societal needs.

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