SD

Samiksha DwivediAIR 56

Question 1GS2GS2

Examine the implications of increased judicial legislation on the separation of powers in India. (Answer in 150 words)

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Answer

Introduction

The judicial legislation refers to autonomous amendment by judiciary of laws & constitution, it has become prevalent with cases like Proop Samual case & PIL under CRT) of Tamil Nadu Case 2025.

32 words

Main Body

The judicial legislation refers to autonomous amendment by judiciary of laws & constitution, it has become prevalent with cases like Proop Samual case & PIL under CRT) of Tamil Nadu Case 2025.

Implications on the separation of power:

Weaken it - affect constituent power of Parliament to legislate
against parliamentary sovereignty (Vice President Hamid)
impose 'unitary conditions' without technical knowledge on executive (closure of liquor shops on highway)
increase in Public interest legislation hampers governance (stay on hospital staff)
Lack of Judicial Accountability - dismissal of NTPC (Apmagra) → clogging system (opaque)

Strengthen it - uphold Constitutional spirit (Beast structure doctrine) by Anoop Baranwal 12 under judicial review

Push executive & legislature to action (Anoop Baranwal case - process of electing election Commissioners)
Protect rights of citizens for arbitrary state action (Kamdal Kishor case (Article 19))
Support sustainability in governance (Ranjitsinh case - protecting of Great Indian Bustard)

The judicial legislation should be exercised with 'judicial restraint' to reduce overreach & support harmonious relation between all organs of Constitution.

177 words6 paragraphs8 bullet points

Conclusion

The judicial legislation should be exercised with 'judicial restraint' to reduce overreach & support harmonious relation between all organs of Constitution.

21 words

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Page 1

Topper

Samiksha Dwivedi

AIR 56

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Separation of Powers

Judicial Legislation and Constitutional Separation of Powers

Writing Stats

230

Total words

6

Paragraphs

8

Bullets

analytical

Tone