CONTENTS

CHAPTER I

INTRODUCTION
1. Significance and purpose of the topic 3
2. Appraisal of the literature 4

3. Hypothesis of the work 5

4. Approach followed in the research work 7

5. Conceptualization of terms and Expressions
Occurring in the thesis 8

(i) Judicial Review 8

(ii) Judicial Restraint 8

(iii) Constitutionalism 9

(iv) Separation of power 9

(v) Future Equilibrium 10

6. Scheme of the research work 10

CHAPTER II

CONCEPTION, DEFINITION AND FORM OF

JUDICIAL ACTIVISM
1. Definitions and Conception 14
2. Judicial activism and its parameters 25
3. Forms of Judicial Activism 27
4. Interpretational Judicial Activism 27
5. Legislative Judicial Activism 29
6. Executive Judicial Activism 29
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CHAPTER III

HISTORICAL PERSPECTIVE OF JUDICIAL ACTIVISM

1. The Common Law and Chief Justice Coke 34
2. Lord Atkin 36
3. Earl Warren 39
4. Indian Position 41

CHAPTER IV

HORIZONS OF JUDICIAL ACTIVISM

1. Article 12 and Judicial Activism 52

2. Rule of Law and Judicial Activism 56

3. Protective Discrimination and Judicial Activism 73

4. Freedom of speech and expression and reasonableness of

restriction and Judicial Activism 106

5. Protection of life and Personal liberty under Article 21 and

Judicial Activism 115

(a) Meaning of Right to life 120

(b) The meaning of “law” under Article 21 121

(c) The natural justice under Article 21 122

(d) The extent of territory under Article 19 with

contradistinction with Article 21 122

(e) Ambit of the right to travel abroad 123

(f) With regard to interrelation of Articles 21, 19 & 14 123

(g) With regard to the meaning of personal liberty 124

(h) Impact of judgement 124

6. Concept of Secular State and Judicial Activism 129

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7. Right to constitutional Remedies and Judicial Activism 143

8. Directive Principles of State Policy And Judicial Activism 178

9. Appointment and Transfer of Judges of higher courts and

judicial Activism 197

10. Judicial Activism and Amendability of the Indian

constitution 200

11. Judicial activism and Ninth Schedule 220

12. Judicial activism and election process 221

CHAPTER V

CAUSES-CUM-RATIONALES OF JUDICIAL ACTIVISM

1. Causes-cum-rationales of Judicial activism in England 225

2. Causes-cum-rationales of judicial activism in the U.S.A. 234

3. Causes-cum-rationale of judicial activism in India 239

(i) Lack of responsible government 245
(ii) People looking up to the judiciary to step in aid 245
(iii) Judge’s attitude to particiapte in social reform and
change 246
(iv) Failure of competent legislature to enact 247
(v) Non-binding nature of Original Intention of the
founding fathers 250
(vi) Court as a Final arbiter of a law and authority to
decide validity of a law 259
(vii) Higher Judiciary as a guardian of the Fundamental
Rights 260
(viii) Public trust positted in the judiciary 261
(ix) Enthusiasm of individual social workers and
others 261
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CHAPTER VI

IMPACT OF JUDICIAL ACTIVISM ON INDIAN

CONSTITUTION
1. Impact on the preamble 265
2. Scope of Judicial review Extended 266
3. Impact of judicial activism on Rule of Law—Right to
honest and efficient governance 266
4. Impact of Judicial activism on Right to life and
Personal Liberty 275
(i) Right to Privacy (Right to be let alone) 276
(ii) Right to shelter 279
(iii) Rights of prisoners 279
(iv) Right to free legal aid 287
(v) Right of Inmates of protective homes 289
(vi) Right to education 289
(vii) Right Against cruel and Inhuman punishment 290
(viii) Right against preventive Detention 291
(ix) Right against bonded labour 293
(x) Right to monetary compensation for violation of
fundamental rights 293
(xi) Right to Safe Drinking Water and Fresh Air 296

(xii) Right to freedom from noise 297

(xiii) Right to smoking free public place 297

(xiv) Right to get food 297

(xv) Right to safe journey 298

(xvi) Right to Electricity 298

(xvii) Right of woman to make reproductive choices 298

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(xviii) Other impacts 298

(a) Right to gender equality (right against sexual
harassment) 298
(b) Right against Bundhs 299
5. Impact of Judicial Activism on Right to access court :
Public Interest Litigation 299
(i) Right of prisoners 300
(ii) Right of workers 300
(iii) Right to pollution free-environment 301
(iv) Right to get compensation 303
(v) Right to health & medical treatment 305

6. Judicial Law making through Directions 306

(i) Directions with regard to Right of prisoners 307

(ii) Directions regarding Right of Labours 307

(iii) Directions regarding Protection of rights of Consumer 308

(iv) Directions with regard to pollution free-environment 311

(v) Direction regarding Protection of Children & Women 312

(vi) Direction regarding Protection of people from road

accident 314

(vii) Directions with regard to Appointment of Central

Vigilance Commissioners 315

7. Impact of judicial activism on Directive Principles of

State Policy 316

(i) Equal pay for equal work 316

(ii) Rights of Children 318

(iii) Right to Free Legal Aid 319

(iv) Right to Health care 319

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(v) Right to Education 321

(vi) Right to Pollution free environment 324
(vii) Right to adequate means of livlihood 326
(viii) Right to food, clothing and decent environment 327
8. Impact of judicial Activism on Appointment and
Transfer of Judges of higher judiciary 328
9. Ambit of President actions under Article 356-Extended 328
10. Judicial Activism on amendability of the constitution 329
11. Other impacts of judicial activism 329
(a) Doctrine of precedent enshrined in Article 141—
Diluted 329
(b) Impact of judicial activism on freedom of speech and
expression—Right to know antecedents of candidates 330

CHAPTER VII

CONCLUSION AND SUGGESTIONS

1. A Brief Review of the Preceeding chapters 333

2. Some Reflections of Judicial Activism 362

3. Arguments to pacify criticism 366

4. Instances of Judicial over activism 373

5. Scope of Judicial Activism 374

6. Contribution to the Society of this research work 375

7. Suggestions for future equilibrium 376
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