Judicial legislation violates the doctrine of separation of power and creates a third chamber for legislation. Discuss. (15 marks, 250 words)

Judicial legislation refers to the phenomena where Judiciary doesn't send itself to the interpretation of law and facts giving alternatives interpretations & laws itself (e.g). Vulsahy guideline given by Supreme court in 1998. Violation of separation of powers: (1) Legislation is the responsibility of Parliament & not Judiciary. Parliament elected by people is primary body for making laws as per principles of parliamentary democracy. (3) Judiciary is unelected body and is responsible for delivering justice & enforce laws passed by parliament

affect the other two bodies. Need of Judicial legislation: (1) Union parliament is in dictate & executive is hesitant. (2) To save Indian democracy from becoming dictatorship of cabinet. (e.g emergency). (3) To deliver justice to people & force the government to act as a servant of people (4) Overcoming of (e.g Ayodhya Barani cast in method of appointment) Way ahead: (1) Principle of constitutional morality shall be followed by three system (2) Due respect to doctrine of separation of power & checks & balances Judicial activism of sifang Court shall be tried as a medicine Nut as a daily based to maintain the constitution.