Judicial Activism vs Judicial Overreach in India: A Doctrinal Analysis with Reference to Recent Cases

SHAILEE PANDEY

Keywords: judicial activism, judicial overreach, Public interest litigation.

ABSTRACT Judicial activism and judicial overreach are two competing yet interconnected ideas that have shaped constitutional discourse in India. Judicial activism is often applauded as a tool through which the judiciary expands rights, protects liberties, and intervenes when other branches fail to discharge constitutional duties. Judicial overreach, on the other hand, refers to instances where courts go beyond interpretation and begin exercising powers meant for the legislature or executive. The distinction between the two concepts has become particularly important in recent years due to several high- impact Supreme Court decisions. This paper uses a doctrinal methodology to analyse recent landmark cases—K.S. Puttaswamy v Union of India (2017), Association for Democratic Reforms v Union of India (Electoral Bonds, 2024), Bilkis Yakub Rasool v Union of India (2024), and the State of Tamil Nadu v Governor of Tamil Nadu (2025) matter—to evaluate the shifting boundaries of judicial power. The paper concludes that while judicial activism remains essential for democratic accountability, the judiciary must consistently articulate principled limits to prevent the perception of overreach.

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"Judicial Activism vs Judicial Overreach in India: A Doctrinal Analysis with Reference to Recent Cases ", JETNR - JOURNAL OF EMERGING TRENDS AND NOVEL RESEARCH (www.JETNR.org), ISSN:2984-9276, Vol.4, Issue 4, page no.b590-b594, April-2026, Available :https://rjpn.org/JETNR/papers/JETNR2604211.pdf

Volume 4 Issue 4, April-2026

Pages : b590-b594

Paper Reg. ID: JETNR_233217

Published Paper Id: JETNR2604211

Downloads: 00052

Research Area: Arts All

Country: Sagar Madhya Pradesh, Madhya Pradesh, India

Published Paper PDF: https://rjpn.org/JETNR/papers/JETNR2604211

Published Paper URL: https://rjpn.org/JETNR/viewpaperforall?paper=JETNR2604211

ISSN: 2984-9276 | IMPACT FACTOR: 9.87 Calculated By Google Scholar | ESTD YEAR: 2023

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 9.87 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Publisher: RJPN (IJPublication) Janvi Wave

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