Judicial legislation in India a critical analysis

Abstract

This study is an endeavor to critically examine the doctrine of separation of powers, its scope and extent as contemplated by the framers of the Constitution of India and the concept of judicial legislation. Beside the merits and demerits of legislature made legislation and judiciary made legislation shall be studied analytically. Moreover, this study seeks to understand the critical considerations and evaluate the role of Supreme Court of India as the and#8215;guardian, protector and interpreter of the Constitution. The law making power of the judiciary after the 42nd Constitutional Amendment Act, 1976 needs to be analyzed in the light of various Apex Court judgments which highlight the extent of judicial intervention in the law making domain. The scope and extent of the power of Supreme Court under Articles 141 and 142 also needs to be understood vis-à-vis (in juxtaposition with) the difficulties and delays in the enforcement of judicial legislation due to the non-existence of self-imposed standards, parameters, restrictions and political will in the areas in which judiciary intervenes through legislation. newline