KHYATI NAYAK & ANU MISHRA

* PH.D. SCHOLAR, MAHARASTHRA NATIONAL LAW UNIVERSITY, AURANGABAD & ASSISANT PROFESSOR, NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES, MUMBAI, MAHARASHTRA 400056, INDIA

** PH.D. SCHOLAR, CHRIST UNIVERSITY, BANGALORE & ASSISTANT PROFESSOR, NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES, MUMBAI, MAHARASHTRA 400056, INDIA)

ABSTRACT

The growth of the judiciary has seen the evolution of many theories and practices, two of which are Judicial Restraint and Overreach. This paper discusses aspects of both by going through the historical evolution of the two theories and then coming on to define them and then it follows the path of describing the two theories in brief, giving their international practices and the practice in context with the Indian scenario. The paper then goes on to define judicial activism, which is a balanced approach that this paper describes should be taken while pronouncing decisions. The paper then concludes and gives suggestions on various needs for the judiciary. The cases contained in the paper pertain to the various decisions and pronouncements whereby the judiciary has taken either of the two courses of judicial restraint or judicial overreach as well as the cases where the court has taken the course of judicial activism.

Keywords : Judicial restraint, Judicial activism, Judicial overreach.