“Judicial legislation is antithetical to the doctrine of separation of powers. In this context, justify the filing of large number of PILs and the increasing intervention of courts.”

Introduction
The division of powers between the legislative, executive, and judicial branches is guaranteed by the Constitution. Nonetheless, the judiciary frequently intervenes through activism and PILs, sparking discussions over judicial law.

Role of PILs
PILs enable courts to uphold fundamental rights, guarantee access to justice, and empower citizens. When other organs were silent, they produced historic decisions in the areas of human rights, governance, and the environment.

Concerns of Overreach
Charges of judicial overreach may result from excessive judicial intervention that obscures constitutional roles and diminishes executive freedom. Firecracker bans and judicial directives on changes are two examples.

Conclusion
Democracy has benefited from judicial activism through PILs, but judicial restraint must be tempered with it. To keep the three organs in harmony, a robust administration and an engaged legislature are required.

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About the Author: Jyoti Verma

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