Q.Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.
How to approach: Align your primary arguments to support the thesis with authoritative reports, Supreme Court judgments, or historical facts while briefly acknowledging caveats.
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Open in 3D PYQ RealmSyllabus Point
- Separation of Powers between various organs Dispute Redressal Mechanisms and Institutions.
Approach
- Introduction (30-40 words): Define judicial legislation and the separation of powers in the Indian context. Introduce the issue of PILs and judicial intervention.
- Body (80-90 words): Discuss judicial legislation examples, the role of PILs in judicial activism, and the justification for PILs.
- Conclusion (20 words): Summarize the balance between judicial activism and the constitutional framework.
Model Answer
Introduction
The doctrine of separation of powers divides state functions among the legislature (law-making), executive (implementation), and judiciary (adjudication). This structure ensures a vital system of checks and balances, preventing any single organ from abusing its authority.
Body Analysis
Judicial Legislation
While law-making is strictly the domain of the legislature, the judiciary occasionally steps into this arena by issuing detailed guidelines and policy directives under the guise of judgments.
- Arun Gopal Case (2017): The Supreme Court regulated the timings for bursting Diwali firecrackers in the absence of specific statutory laws.
- M.C. Mehta Case (2018): The Court annulled Rule 115(21) of the Central Motor Vehicle Rules, mandating that only BS-VI compliant vehicles could be sold after a specific deadline.
Justification for Public Interest Litigations (PILs)
PILs are designed to protect public interests such as environmental conservation, safety, and human rights. The judiciary is often compelled to intervene and issue guidelines to the executive due to:
- Legislative Inaction: When the legislature fails to enact laws to address evolving societal needs.
- Executive Failure: When administrative authorities fail to perform their duties effectively.
- Protection of Rights: When the fundamental rights of citizens, especially vulnerable groups, are threatened by state action or neglect.
Landmark PIL Cases
- Hussainara Khatoon v. State of Bihar: Regarded as India's first PIL, it highlighted the plight of undertrial prisoners and led to major prison reforms.
- M.C. Mehta v. Union of India: A series of PILs that laid the foundation for environmental jurisprudence in India.
- Vishaka v. State of Rajasthan: The Supreme Court formulated comprehensive guidelines to prevent sexual harassment at workplaces due to the absence of enacted legislation.
- Parmanand Katara v. Union of India: Mandated that medical professionals must provide immediate medical aid to injured citizens without waiting for legal formalities.
Conclusion
While judicial legislation may appear to violate the separation of powers, it is often a necessary intervention to fill legislative vacuums and protect citizen rights. However, the courts must exercise self-restraint to ensure that judicial activism does not devolve into judicial overreach.
Question Specifications, Marking Rubric & Syllabus Mapping
| Examination & Year | UPSC Civil Services Mains Examination 2020 (Question 7) |
|---|---|
| Paper & Syllabus Topic | General Studies Paper II — Polity, Governance, Social Justice & IR → Indian Constitution & Polity |
| Marks, Word Limit & Ideal Time | 15 Marks • 250 Words • Ideal Writing Time: 11–12 Minutes |
| Directive Word & Core Demand | Substantiate / Justify: Prove the validity of the given statement using strong empirical evidence, historical precedents, or data. |
| Recommended Structure Split | Intro: ~30–35 Words • Body: ~175 Words (4–5 sub-headings + diagram/data) • Way Forward: ~35–40 Words |
| AI Practice & Evaluation Tools | Upload Handwritten Answer for 3-Min Vision AI Evaluation | Generate Custom Answer & Mind Map |
Related & Repeated UPSC Mains PYQs (5)
Past UPSC Mains questions connected to this node in the 3D PYQ Realm knowledge graph.
Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.
Resorting to ordinances has always raised concern on violation of the spirit of separation of power doctrine. While noting the rationales justifying the power to promulgate, analyse whether the decision of the Supreme Court on the issue have further facilitated to resorting to this power. Should the power to promulgate the ordinances be repealed?
Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of 'checks and balance'? Explain.
“Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment.
Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary?
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Frequently Asked Questions — UPSC Mains 2020 GS2 (Polity & Constitution)
How should I structure the answer for this UPSC Mains 2020 GS Paper II question on Polity & Constitution?
This 2020 GS Paper II question carries 15 marks with a 250-word limit and uses the "Substantiate / Justify" directive. Align your primary arguments to support the thesis with authoritative reports, Supreme Court judgments, or historical facts while briefly acknowledging caveats. Follow the ideal word split (Intro: ~30–35 Words • Body: ~175 Words (4–5 sub-headings + diagram/data) • Way Forward: ~35–40 Words) and aim to finish within 11–12 Minutes.
Which UPSC Mains syllabus topic does this 2020 question belong to?
This question is part of General Studies Paper II — Polity, Governance, Social Justice & IR under the syllabus module "Indian Constitution & Polity". You can explore all repeated questions from Polity & Constitution in Acme AI's 3D PYQ Realm or filter all Polity & Constitution PYQs on the Mains PYQ Directory.
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