Judicial legislation is antithetical to the doctrine of separation of powers. Justify the statement with reference to relevant case law.

Article 50 of Indian Constitution provides for separation of power between Executive and judiciary. However despite this there is no strict separation of power between judiciary and other organs as said by SS in 'Indira Nehru Gandhi' case and 'Re delhi Lashes at case'. Justification for demand of judicial legislation: (1) Filling the gaps: when Executive and legislature are not fulfilling their duties then judiciary has to fill in, for example Vishaka Vs. State of Rajasthan SC issued guidelines to protect women from sexual harassment at workplace.

Challenges with judicial legislation: (1) Judicial overreach: In many cases judiciary encroached upon other organs, for example banning diwali crackers, Banning liquor on roadside etc. (2) Tyranny of unelected: It undermine the popularly elected government. (3) Tussle between judiciary and other organs affect efficiency of overall governance. Way forward: (1) Judicial restraint: SC has directed the courts to employ restraint. To (2) Wider consultation with all stakeholders before making laws to prevent it from future legal hurdles. (3) Reform in parliamentary procedures and process. Each organ of Government should function efficiently without encroaching on other organs of Government should be multi-stakeholder, multi-pronged and holistic approach is needed to solve societal and enjoying public issues. All organs must work together with restraints.