Pratidin
2026 · GS2 · 15 marksMainsQuestion 12

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

15 marks · answer in 250 words · directive: Discuss

Answer

The core of a good answer

Judicial legislation is courts laying down binding norms where the legislature has not acted; the euthanasia line of cases (Aruna Shanbaug 2011, Common Cause 2018 and its 2023 modification, Harish Rana 2026) is a clear instance, as the Supreme Court read a right to die with dignity into Article 21 and framed detailed procedural guidelines in the absence of a statute.

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What the question asks

First define judicial legislation and its constitutional basis (Articles 32, 141, 142) and the separation of powers concern. Then 'discuss' the euthanasia and living will judgments as a case study: what each held, how the guidelines function like law, and whether this was legitimate gap-filling or overreach.

Answer outline

Introduction

Judicial legislation refers to courts creating general, binding rules, usually through guidelines under Articles 32 and 142 that operate under Article 141 until the legislature enacts a law.

Meaning and basis of judicial legislation

Road to passive euthanasia

Common Cause and the living will

Assessment

Conclusion

The euthanasia rulings show judicial legislation at its most defensible, rights-protective and expressly temporary; a comprehensive end-of-life care law would restore the proper balance between the Court and Parliament.

Examples and data to cite

Facts

Facts to remember

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Where it sits in the syllabus