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.
Model Answer
View this Question In 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.