What is meant by judicial legislation ? In this context, discuss the verdicts of the apex court allowing “passive euthanasia” and a “living will”.

1. Legislation is the responsibility of Parliament & not judiciary.
2. Parliament elected by people is primary body for making laws as per principles of parliamentary democracy.
3. Judiciary is unelected body and is responsible for delivering justice & enforce laws passed by parliament.
4. Parliament or Executive shall decide the 'policy matters' & not the judiciary (e.g. Supriya case recently).
5. Violation of parliamentary principle of separation of powers based on interlocking and interdependence through the doctrines of checks and balances.

Creates a Third chamber →

1. Judiciary becomes the most powerful body (e.g. Basic structure doctrine innovation of Supreme Court).
2. Assumes roles of Constituent Assembly by exercising powers not given by the assembly to it.
3. Reduces significance of other two bodies.
4. Judicial activism and overreach affect the other two bodies.

Need of judicial legislation →

1. When parliament is in decline & executive is hesitant.
2. To save Indian democracy from becoming dictatorship of cabinet. (e.g.) emergency.
3. To deliver justice to people & force the government to act as servants of people.
4. Overcome gaps (e.g.) Anoop Baranwal case & methods of appointment of ECI.

Way Ahead →

1. Principle of constitutional morality shall be followed by three organs.
2. Due respect to doctrines of separation of power & checks & balances.