UPSC CSE Mains 2026 · GS2 · 15 marks · 250 words
What is meant by judicial legislation? In this context, discuss the verdicts of the apex court allowing “passive euthanasia” and a “living will”
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Theme
What UPSC asks in this theme
Questions ask about PIL's growth, judicial activism, judicial legislation and separation of powers, and specific verdicts like passive euthanasia.
What to cover
- Separation of powers vs checks and balances
- PIL origins and misuse
- Judicial legislation examples: Vishaka, euthanasia (Aruna Shanbaug, Common Cause)
Writing the answer
- Balance activism vs overreach
These notes are for the whole theme, built from all 5 of its PYQs. UPSC does not publish model answers.
More PYQs from this theme
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Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world's most powerful judiciary?
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Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.
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Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain.
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Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.
All 20 GS2 2026 questions · Governance, Constitution, Polity, Social Justice & International Relations · Report a typo