← All questionsGS2 · 2020 · Polity ·Judicial Legislation and PIL Guidelines
QUESTION 12
GS2
15 marks

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.

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11 min
250 words

What the examiner wants

Justify why many PILs asking courts to issue guidelines to the executive are filed, despite separation of powers.

JustifyGive reasons and evidence that support the statement.

Demand-wise check

  1. 1Separation of powers: not rigid in India; basic structure≈50 words
  2. 2Why PILs for guidelines: legislative vacuum, executive inaction, protection of fundamental rights≈50 words
  3. 3Examples: Vishaka guidelines, D.K. Basu (arrest), Prakash Singh (police reform), Lalita Kumari (FIR)≈50 words
  4. 4Limits: judicial overreach, implementation; courts should be cautious≈50 words

Open in about 30 words and close in about 30.

Answer plan

DoctrineReasons for PILsExamplesCriticismConclusion

Where marks usually go

  • Only arguing against judicial activism
  • No guideline cases, e.g. Vishaka, D.K. Basu, Prakash Singh, Lalita Kumari

Draw this

  • Timeline of landmark guideline judgments

Value addition

  • CaseVishaka v State of Rajasthan (1997): guidelines on workplace sexual harassment filled the gap until the POSH Act, 2013.Supreme Court, 1997
  • CasePrakash Singh v Union of India (2006): seven directives on police reform, still largely unimplemented.Supreme Court, 2006

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