2026 · GS Paper 2 · Q12 · 15 marks
What is meant by judicial legislation ? In this context, discuss the verdicts of the apex court allowing “passive euthanasia” and a “living will”.
In short
Judicial legislation is court-made law that frames binding norms where the legislature is silent, using Articles 32, 141 and 142. The euthanasia line, from Aruna Shanbaug (2011) to Common Cause (2018) and its 2023 revision, created India's passive euthanasia and living-will procedure without any statute.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 278 words
Meaning
Courts frame general, binding norms with procedures to fill a legislative vacuum, using Articles 32, 141 and 142.
Precedent and critique
Vishaka (1997) guidelines held the field until the POSH Act, 2013, but Aravali Golf Club (2008) warned that judges lack electoral accountability to legislate.
Aruna Shanbaug (2011)
The Court legalised passive euthanasia with High Court approval and a three-doctor panel until Parliament legislated.
Common Cause (2018)
A Constitution Bench read the right to die with dignity into Article 21 and framed a full procedure for living wills.
Revision (2023)
Unworkable safeguards were eased, with attestation by a notary or gazetted officer and time limits for boards; Harish Rana (2026) then applied the framework.
Justified gap-filling
The Law Commission's 196th and 241st Reports urged a law that never came, so the Court acted to protect dignity.
Statute and care
Parliament should enact an end-of-life law on the 241st Report's lines, link living wills to digital health records and expand palliative care.
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This chapter in the exam
Structure, Organization and Functioning of the Union Judiciary7 questions
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Question from the official UPSC Civil Services (Main) Examination 2026 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.