Notable examples of judicial activism in India that have been widely praised:
Here are some notable examples of judicial activism in India that have been widely praised:
Kesavananda Bharati v. State of Kerala (1973)
This landmark case introduced the ‘basic structure’ doctrine, which asserts that certain fundamental features of the Constitution cannot be altered by amendments. This decision has been praised for protecting the core principles of the Constitution and ensuring that the Parliament does not have unchecked power to amend the Constitution.
Maneka Gandhi v. Union of India (1978)
The Supreme Court expanded the interpretation of Article 21, ruling that the right to life and personal liberty includes the right to live with human dignity. This case significantly broadened the scope of fundamental rights and has been lauded for its progressive interpretation of the Constitution.
Vishaka v. State of Rajasthan (1997)
In the absence of specific legislation to prevent sexual harassment at workplaces, the Supreme Court issued the Vishaka Guidelines, which laid down procedures for the protection of women from sexual harassment at work. This decision has been praised for addressing a critical gap in the law and providing immediate protection to women.
Hussainara Khatoon v. State of Bihar (1979)
This case highlighted the inhumane conditions of undertrial prisoners in Bihar. The Supreme Court ruled that the right to a speedy trial is a fundamental right under Article 21, leading to the release of thousands of undertrial prisoners. This decision has been praised for its humanitarian approach and for upholding the rights of prisoners.
M.C. Mehta v. Union of India (1986)
In a series of cases filed by environmental activist M.C. Mehta, the Supreme Court issued several directives to control pollution and protect the environment. Notable among these is the order to close polluting industries near the Ganges River and the directive to convert Delhi’s public transport to CNG to reduce air pollution. These decisions have been praised for their proactive stance on environmental protection.
Navtej Singh Johar v. Union of India (2018)
The Supreme Court decriminalized homosexuality by striking down parts of Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts between adults. This decision has been widely praised for advancing LGBTQ+ rights and promoting equality and non-discrimination.
National Legal Services Authority v. Union of India (2014)
The Supreme Court recognized the right to self-identify one’s gender, leading to the enactment of the Transgender Persons (Protection of Rights) Act, 2019. This decision has been praised for its progressive stance on transgender rights and for promoting inclusivity and equality.
Arun Gopal v. Union of India (2017)
The Supreme Court fixed timings for setting off fireworks during Diwali and banned the use of environmentally harmful fireworks. This decision has been praised for its efforts to curb air pollution and protect public health.
Sheela Barse v. State of Maharashtra (1983)
Journalist Sheela Barse’s letter to the Supreme Court about the custodial violence faced by women prisoners was treated as a writ petition. The Court issued guidelines to improve the conditions of women prisoners. This decision has been praised for its proactive approach to protecting the rights of vulnerable groups.
Bandhua Mukti Morcha v. Union of India (1984)
The Supreme Court took a proactive stance against bonded labor, directing the government to identify, release, and rehabilitate bonded laborers. This decision has been praised for its commitment to eradicating bonded labor and protecting the rights of marginalized workers.These examples illustrate how the Supreme Court of India has taken an activist approach in interpreting laws and the Constitution to address various social, economic, and political issues, often filling legislative gaps or prompting executive action. These decisions have been widely praised for their positive impact on society and for upholding the principles of justice, equality, and human rights.
