How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?

Question

Philoid · Accepted Answer

1. Judicial Activism is related to protection of fundamental rights as it has made the issues of poor and common people and violation of their rights, reach to the courts. This helps common people seeks justice.

2. It can restore fundamental rights by issuing writs of Habeas Corpus; mandamus etc. by reviewing and declaring certain laws unconstitutional.

3. The PIL helps the poor to fight against discrimination.

Yes, it has helped in expanding the scope of fundamental rights.

Example: Clean air, unpolluted water, decent living etc. are rights for the entire society, and every man has the right to these. Whenever such rights are violated PIL are appealed by social workers or any spirited citizen on behalf of the aggrieved.