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Constitution Day 2022: The importance of judicial activism

On Constitution Day, experts highlight how judiciary has ensured the constitutional sanctity with proactive decisions

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The Constituent Assembly adopted the Constitution of India on November 26, 1949. Representation pic

The Constituent Assembly adopted the Constitution of India on November 26, 1949. Representation pic

November 26 is a significant day for the Indian citizens, as it is on this day, in 1949, the Constitution of India was adopted. mid-day spoke to two constitutional experts who pointed out how the Constitution has undergone 105 amendments since being implemented on January 26, 1950, but the judiciary has ensured its sanctity through proactive steps. When the executive and the legislature have failed to provide respite to the public, it is the judiciary, through judicial activism, that has intervened to restore the constitutional mandate in an unbiased manner.

Advocate Floyd Gracias, a Supreme Court council, said, “Statutory law cannot keep changing on a daily basis to keep pace with the dynamism of societal changes. It is because of this that judicial interpretations and expansions have enabled laws to stay relevant in an ever-changing society. The landmark judgment on IPC Section 377 is a perfect example of how the law needs to evolve with time.” “...the letter of the law may be relatively static [which gives it the consistency], but it is the judicial activism that brings to life the spirit of the law,” Floyd concluded. 

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