Judicial legislation is antithetical to the doctrine of separation of powers.

Judicial legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian How do you justify large number of public interest petition of praying for issuing guidelines to the executives? Is it healthy for a democracy?

The doctrine of separation of powers is a fundamental principle of the Indian Constitution, which divides the powers of the government into three branches: the legislature, the executive, and the judiciary. The idea behind this doctrine is to ensure that no single branch of the government becomes too powerful and is able to dominate the others.

Despite this doctrine, the Indian judiciary has, in certain cases, exercised its power to issue guidelines to the executive branch of the government. This has often been done through the mechanism of public interest litigation (PIL), which allows individuals or organizations to approach the courts seeking relief in cases that involve matters of public interest.

One justification for the use of PILs to issue guidelines to the executive is that it enables the judiciary to play a proactive role in addressing issues of public concern, particularly when the legislature or the executive may be unable or unwilling to address them. For example, PILs have been used to issue guidelines on issues such as environmental protection, human rights violations, and access to education and healthcare.

However, some argue that the frequent use of PILs to issue guidelines to the executive may encroach upon the powers of the other branches of government and undermine the doctrine of separation of powers. There is also the risk that the judiciary may overstep its bounds and become too involved in policy-making, which is the prerogative of the legislature and the executive.

In conclusion, while the use of PILs to issue guidelines to the executive can serve as a useful mechanism for addressing issues of public concern, it is important to ensure that it is not abused and that the judiciary does not overstep its bounds. It is essential for the branches of government to respect the doctrine of separation of powers and work collaboratively to serve the best interests of the people.