In a democracy, judges don’t just interpret laws; they shape the nation’s conscience. From restoring citizens’ rights to curbing executive overreach, judicial activism in India has often stepped in where institutions have failed. Behind these courageous verdicts stand individuals, judges who dared to challenge, question, and transform.
This blog revisits the most influential judges who not only interpreted the Constitution but became its true guardians.
What is Judicial Activism?
Judicial activism refers to a proactive role played by the judiciary in enforcing rights and filling legislative or executive voids, especially in the interest of public welfare.
Importance in India’s Democracy
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Protects fundamental rights
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Ensures accountability of the State
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Advances social justice
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Empowers marginalized communities
Iconic Judges Who Changed India
1. Justice P.N. Bhagwati – The Father of PILs
Legacy: Introduced Public Interest Litigation (PIL) in India.
Key Judgments:
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Hussainara Khatoon v. State of Bihar – Led to the release of thousands of undertrial prisoners.
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Maneka Gandhi v. Union of India – Expanded the scope of Article 21 (Right to Life).
🖋️ His activism opened court doors to the common man, without procedural barriers.
2. Justice V.R. Krishna Iyer – Champion of the Poor
Legacy: Known for his pro-poor judgments and liberal interpretation of law.
Key Judgments:
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Sunil Batra Case – Advocated humane treatment of prisoners.
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Rajendra Prasad v. State of U.P. – Questioned the constitutionality of the death penalty.
📌 He bridged the gap between law and social justice.
3. Justice H.R. Khanna – The Lone Voice of Conscience
Legacy: Dared to dissent during the darkest hour of Indian democracy.
Key Judgments:
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ADM Jabalpur v. Shivkant Shukla (Emergency case) – He was the sole dissenting judge who upheld personal liberty when others surrendered.
🌟 His dissent became a symbol of judicial courage and is celebrated to this day.
4. Justice J.S. Verma – Gender Justice Pioneer
Legacy: Architect of progressive jurisprudence on gender and human rights.
Key Judgments:
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Vishaka v. State of Rajasthan – Laid down guidelines against sexual harassment at workplaces.
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Instrumental in Justice Verma Committee Report post-Nirbhaya case.
🚺 He brought women’s rights to the forefront of Indian constitutional discourse.
5. Justice D.Y. Chandrachud – The Modern Reformer
Legacy: Progressive, bold, and rights-conscious.
Key Judgments:
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Navtej Johar v. Union of India – Decriminalized homosexuality.
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Justice K.S. Puttaswamy v. Union of India – Affirmed right to privacy as a fundamental right.
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Indian Young Lawyers Association v. State of Kerala – Allowed women’s entry in Sabarimala Temple.
🔍 His verdicts reshape modern India’s identity, breaking taboos and protecting digital freedom.
The Common Thread: Activism for the People
Though distinct in their styles, what unites these judges is their compassion, boldness, and commitment to the Constitution. They used their office to amplify the voices of the marginalized and ensure justice wasn’t just legal, but also moral.
Landmark Tools of Judicial Activism
PIL (Public Interest Litigation)
Empowered citizens to approach courts for broader social issues.
Judicial Review. Judges who changed India
Struck down laws or executive actions that violated the Constitution.
Expansive Interpretation
Broadened the scope of Article 21 to include education, privacy, health, and dignity.
Criticism of Judicial Activism
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Accused of judicial overreach or encroaching into legislative domain
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Can disturb balance among the three branches of government
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Subjective interpretations may lead to inconsistency
Still, these concerns rarely overshadow the transformative impact activism has had on justice delivery.
🔚 Conclusion: The Bench as the Voice of the People
India’s judiciary has been its silent warrior and loudest conscience. From jail reforms to gender rights, and digital freedoms to environmental protection, activist judges ensured the Constitution remained alive and breathing.
They didn’t just interpret the law, they made it speak for the voiceless.
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