The expression "defects of the judicial system in India" signifies the anxiety of courts to find out an appropriate remedy to the aggrieved formulating a new settle the conflating question in the event of law lessens or uncertain laws. The above statement can be explained in a simplified manner as- under the constitution of India, the three branches of the government, namely the legislative, executive and the judiciary, have been assigned their own separate roles. It is when the judiciary steps into the shoes of the executive or the legislature and embarks on the work of lawmaking rather than interpreting the law, it can be deemed to be judicial activism.