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Recent Supreme Court judgments show a trend of judicial restraint in policy matters (e.g., declining to legalize same-sex marriage in Supriyo case) while actively protecting fundamental rights through expansive interpretation. This reflects which judicial philosophy?
- Absolute judicial supremacy in all matters
- Calibrated approach: restraint in policy domain, activism in rights protection
- Complete deference to executive discretion
- Elimination of judicial review for socio-economic rights
Answer: Calibrated approach: restraint in policy domain, activism in rights protection
Recent judicial approach balance (2020-2024): (a) Restraint in policy: (i) Supriyo (2023) - declined to legalize same-sex marriage, left to Parliament, (ii) Demonetization case (2023) - upheld executive economic policy, (iii) GST Council disputes - deferred to institutional mechanism, (b) Activism in rights: (i) Puttaswamy (privacy), (ii) Navtej Singh Johar (LGBTQ+ rights), (iii) ADR (electoral bonds transparency), (iv) Anuradha Bhasin (digital rights), (c) Rationale: Courts recognize limits of judicial expertise in complex policy design but assert role in protecting constitutional values against legislative/executive excess, (d) Balance: Separation of powers respected; courts guide, legislatures legislate, executive implements. Illustrates nuanced judicial philosophy: calibrated oversight ensuring constitutional supremacy while respecting institutional roles.