Balancing The Scales: Rethinking Judicial Review and Activism in the Indian Democracy




By M. Mohanapriya [1] & V.S. Sowmiya [2] Abstract This article examines the delicate balance between judicial review and judicial activism as it operates within the Indian democratic context and emphasizes the need for either of the two to give way to the other in respect to a balance between fidelity to the constitution and the extension of the role of judges. Judicial review, as enshrined under Articles 32, 226, 227, 141 and 142 of the Constitution, is an important check whereby the court…

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