Role Of Legislative Function Of Judiciary: A Critical Study

Abstract

The judiciary defends the Constitution and citizens' rights from the unconstitutional acts of the legislature and
the executive. In a case where a particular law has become obsolete or is inadequate to meet the needs of the
moment, the judiciary gives a sense to the current provision of a statute to address the issue. There are three
government wings with specified powers and tasks for executive, legal, and judiciary authorities. Still, there are
instances in which the judiciary must fill the void created by the failure of the other two wings. It is the use of
legal authority to define and implement what is advantageous to society and individuals in general. Judicial
activism in India affected almost every dimension of life, and it has been more than legal or written in black and
white in the process. There are objections that the judgment violates the separation of powers principle. This
research paper critically analyses the diverse aspects of the issue, including separation of power in India, the
judicial function, the power of judicial review, judicial activism, and judicial overreach.