ELI5: Explain Like I'm 5

Judicial activism in India

Imagine you are playing a game with your friends, and one of your friends keeps changing the rules of the game whenever they want. They are not following the original rules and are making up new ones as they go along. This is similar to what judicial activism means.

In India, we have a system called the judiciary, which consists of judges who are responsible for interpreting and applying the laws of the country. They make sure that everyone follows the rules and that justice is served.

Sometimes, when the judges are interpreting the laws, they might change or go beyond what the laws originally meant. This is called judicial activism. It's like your friends changing the rules of the game to make it more exciting or fair, but not everyone might agree with these changes.

Judicial activism in India happens when the judges take an active role in making decisions that are not specifically mentioned in the laws. They might take into consideration values like equality, justice, and human rights while making their decisions.

For example, if there is a law that says only boys can play a certain game and girls are not allowed, a judge might say that this is not fair and goes against the rights of girls. So, they might decide to change the rule and allow girls to play the game too. This is an example of judicial activism.

Judicial activism is important because it allows the judges to make decisions that are fair and just, even if the laws themselves might not explicitly state it. It helps in bringing positive changes and progress in the society.

However, not everyone agrees with judicial activism. Some people believe that judges should only interpret the laws as they are written, without taking other factors into consideration. They think that making decisions based on personal beliefs or values can sometimes lead to unfair judgments.

In the end, judicial activism in India is about judges going beyond the written laws to make decisions that they believe will lead to a fair and just society. It is an important aspect of the judicial system, but it can also be a topic of debate and discussion among people.