Q9.Judicial legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of a large number of public interest petitions praying for issuing guidelines to executive authorities.

The Indian Constitution enshrines the doctrine of separation of powers, demarcating distinct functions for the Legislature (law-making), Executive (implementation), and Judiciary (interpretation). Judicial legislation, where the Judiciary issues detailed guidelines encroaching upon legislative or executive domains, is often viewed as antithetical to this foundational principle.

Such judicial intervention can undermine democratic accountability and legislative supremacy, disturbing the delicate system of checks and balances.

However, Public Interest Litigation (PIL) emerged as a procedural innovation, allowing public-spirited citizens to seek judicial intervention for enforcing rights of vulnerable sections and promoting public interest.

The filing of numerous PILs seeking executive guidelines is justified due to several compelling reasons:

• Addressing Executive Inaction: Courts intervene when the executive fails to perform its duties, leading to governance gaps or rights violations.
• Filling Legislative Vacuum: In the absence of specific legislation, judicial guidelines provide a temporary framework to address pressing issues, e.g., Vishaka guidelines.
• Protecting Fundamental Rights: PILs are crucial for enforcing fundamental rights, especially for marginalized groups who lack direct access to justice.
• Ensuring Good Governance: They promote transparency, accountability, and responsiveness from executive authorities.
• Access to Justice: PILs democratize justice, allowing collective grievances to be heard and remedied.

While judicial activism through PILs is often necessary to uphold constitutional values and protect rights, it must be carefully balanced to avoid judicial overreach and respect institutional boundaries.

Thus, while judicial legislation raises concerns regarding separation of powers, PILs seeking executive guidelines are largely justified as a vital mechanism to ensure justice, good governance, and the protection of fundamental rights in the face of executive or legislative inertia.