The Advent of Compensatory Jurisprudence as a Consequence of Judicial Activism: An Analysis of Its Development in India

This paper examines the proposition that the emergence of compensatory jurisprudence in India is largely a byproduct of judicial activism. Drawing from the constitutional framework, particularly Articles 21, 32, and 226 of the Indian Constitution, it argues that the judiciary's proactive interpretation and expansion of fundamental rights have necessitated compensatory remedies as a tool for restorative justice. Through an analysis of landmark cases, historical evolution, and scholarly discourse, the paper concurs to a significant extent with this view, while acknowledging limitations such as potential overreach into legislative domains. The discussion traces the development from post-Emergency judicial assertiveness to recent statutory reinforcements under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).