In India, the judiciary plays a crucial role in maintaining constitutional balance. Judicial Review, Judicial Activism, and Judicial Overreach define how courts interpret and influence laws and governance. While Judicial Review ensures laws follow the Constitution, Judicial Activism extends the court’s role for social justice, and Judicial Overreach occurs when courts exceed their constitutional limits.
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- Judicial Review allows courts to check if laws and actions align with the Constitution.
- Power of Judicial Review comes from Article 13 of the Indian Constitution.
- Article 13 prevents Parliament or State legislatures from making laws violating Fundamental Rights.
- Any inconsistent law or order violating Fundamental Rights becomes void under Article 13.
- Example: Supreme Court struck down Section 66A of IT Act for violating Fundamental Rights.
- Judicial Activism lets courts take proactive roles to ensure justice and accountability.
- It uses tools like suo motu actions and Public Interest Litigations (PILs).
- Example: Keshavananda Bharati case (1973) — birth of the Basic Structure Doctrine.
- Judicial Overreach happens when courts interfere in executive or legislative matters.
- Example: Striking down NJAC Act, or ordering bureaucrats to send children to government schools.





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