Irshad Ali Shaik, Sri Eshwar Reddy College of Law, Anjimedu, Tirupati
B. Sangeetha, Vice Principal, Sri Eshwar Reddy College Of Law, Tirupati
A Primer on Judicial Legislation
The following article explores the intricacies of Law making and Its policies in India and; attempts to break down the nuances of a Judiciary tool referred as ‘Judicial Precedent’ which is also perceived to be the Law made by Judges. This article navigates through the fundamental questions of Law and tries to debunk the concept of ‘Judges made law’ by chartering through the simple concepts of
● What is Law?
● What is a State?
● Policy Formulation - Who makes the Law and Who should execute the Law?
● Constitution of India - Separation of powers - Legislative, Judiciary and Executive?
● Can they be really independent of each other in complete sense and how further?
● Can a Lawmaker be an Executioner Or an Executioner be a Lawmaker?
Such kind of ground level questions can easily help us to charter through and to delve into the understanding of Law making; especially with regards to ‘Judicial Legislation/Precedents’ which is the topic of the hour. Thus Lets begin to explore further and dig deeper.
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