The severity of the corona virus impact in India has not only jolted the health sector but also brought forth several doubts about the effectiveness of “good governance” claimed by the Indian government. The political complacency and lack of thoughtfulness by policy makers left the judiciary with no option but to step in.
When the executive’s fairness and actions can’t be trusted, judicial activism comes into play.
Before the discussion and justification on the topic is put forth, an important caveat merits a mention. Understanding of judicial activism can be developed with Black’s Law Dictionary’s definition, “judicial philosophy which motivates judges to depart from the traditional precedents in favour of progressive and new social policies“. What judges ought and ought not to do, in a given time and place, is a matter of ethics and politics, a question of power and authority of the community of adjudicators in relation to the other center-state powers held. The morality and the relevance of each decision taken by the judges has to be questioned in order to create a free and fair society and state.