In the context of persistent legislative dysfunction in India, analyze the evolving role of judicial activism in shaping public policy and governance. Using examples from landmark court cases, evaluate the effectiveness of judicial interventions in addressing governance gaps and safeguarding citizens' rights.

1. Lack of parliamentary legislations forces judiciary to step in.

2. Disruptions ↑, criminalization ↑ have necessitated judicial intervention.

3. Sometimes, legislature don't want to touch upon politically sensitive topics.

Judicial Activism: Shaping Policy & Governance

(1) Rights of Undertrials

• [Right to Speedy trials is part of Art 21]
• Hussainara Khatoon vs State of Bihar

(2) Environmental

• a) MC Mehta vs UOI
• b) Taj Trapezium case
• c) Godavarman case

Principles like Polluter pays, Precautionary Approach etc.

(3) Personal liberty

• a) PUCL case (No to phonetapping)
• b) Puttaswamy case (R/to/privacy)

(4) Gender Justice

• POSH Act, 2013 was based upon SC's Vishakha Directives

(5) Hate speech Directives to State govt.

• → local committee formation, etc.

Effectiveness of judicial Interventions

1. In many cases, judiciary's interventions proved to be critical & need to fill legislative vaccum.

2. However, it is not judiciary's endeavour to actively make laws (Sep. of Powers).

3. In a democracy, the popular government should undertake law making & judiciary's role should be limited to adjudging its constitutionality.

4. However, Justice Katju highlighted that Judicial Activism often morphs into 'Judicial Adventurism' which must be checked. (Ex: SC passed the baton to Parliament in case of same sex marriage)