The principle of checks and balances in the Indian Constitution is often challenged by the judiciary's expanding role in legislative and executive domains. Highlighting the reasons, assess its impact on the functional separation between various organs.

Reasons of expanding role of Judiciary

1. Legal loopholes and legislative vaccums [eg] Vishakha Judgement
2. Travesty of justice without expanding the role [eg] No action by legislature on LGBTQ+ issue → Navtej Johar Case
3. To protect rights of individual [eg] Triple Talaq Case → women rights
4. To address / overcome executive apathy [eg] Delhi pollution → MC Mehta Case (2018)
5. Declining productivity of parliament (↓ in no. of sitting)

1. To Do "complete Justice" [eg] Shilpa Shailesh Case → Direct Divorce

Impact on functional separation

Positives ① Filling of vaccums ② Ensures faster actions by Other Organs [eg] Delhi pollution case ③ Prevent any injustice by any organ.

Negative Impact (i) Functional creep → into legislative & executive domain (ii) Judiciary turning into 3rd chamber of parliament (VP Dhankhar) → Blurs Separation of powers (iii) Leads to Judicio-Pupism and overreach [eg] Banning of Alcohol on highway (iv) Unintended consequences on functional separation [eg] tyranny of unelected over elected (v) Distorts constitutional safeguards of checks & balances → Judicial Supremacy as consequence

Way forward (1) German Scholar Conrad → Judicial Restraint as cardinal principle (2) Activism as option of last resort by Judiciary