UPSC 2020 GS-II · 15 marks · 250 words

Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.

What “Justify” demands

argue positively for the stated position with evidence, and meet the obvious objection.

The characteristic failure: presenting both sides neutrally when a defence was asked for.

What a top answer must contain

These are the checkable specifics from the marking standard for this question — the actual case, committee, datum or thinker, not an instruction to “give examples”.

The tension: Art 50 and legislative-procedure exclusivity vs judge-made codes (Vishaka, highway liquor, collegium)
Justification: guidelines fill legislative vacuum during continuing rights violations — interim and displaceable (Vishaka → POSH Act 2013 as the model arc)
Discipline: restraint jurisprudence (Aravali Golf Club), separation as basic structure
Position taken: legitimate as gap-filling with legislative sunset; illegitimate as permanent governance

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Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.

What a top answer must contain

Now write it, and find out what you actually scored

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