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. (Answer in 250 words)

Judicial legislation can appear inconsistent with separation of powers because law-making belongs primarily to the legislature and implementation to the executive. Yet, public interest litigation has often required judicial guidelines when constitutional rights face a regulatory vacuum.

The Indian Constitution separates functions without creating an absolute institutional wall. Judicial review under Articles 13, 32 and 226, together with the duty to enforce fundamental rights, permits courts to invalidate unconstitutional action and fashion effective remedies. Courts may issue guidelines as an interim measure when legislation is absent, inadequate or incapable of protecting rights.

• Rights protection: PIL enables disadvantaged persons unable to approach courts directly to obtain remedies.
• Executive inaction: Guidelines may prevent continuing violations where authorities fail to discharge constitutional duties.
• Accountability: Judicial monitoring can address custodial violence, environmental damage, sexual harassment and bonded labour.
• Constitutional morality: Courts can operationalise equality, dignity and life when statutory safeguards are ineffective.

Unrestrained judicial law-making may replace legislative choices, burden administration, weaken democratic accountability and invite inconsistent policy judgments. Continuing mandamus can also blur the boundary between adjudication and governance.

Guidelines should be narrowly tailored, rights-based, temporary and linked to constitutional or statutory duties. Courts should invite expert input, respect institutional competence, set review periods and withdraw once Parliament or the competent authority acts. Thus, PIL is justified as a constitutional safety valve, not as a substitute for legislation.

Separation of powers; Articles 13, 32, 226; PIL; judicial review; guidelines; constitutional remedies; continuing mandamus.