Judicial legislation and judicial restraint

Abstract

In the past decade, our courts have increasingly been enacting “judicial legislation”, taking on a task that is meant for the legislature and elected representatives. This trend reached a new high when the apex court recently “ordered” the central government to distribute foodgrains, found rotting for want of storage facilities, to the poor and hungry. The prime minister had to intervene to make it clear that the court was stepping into the domain of policymaking, an area meant for the executive.