Aparna Padmakavi. R, Tamil Nadu National Law University
ABSTRACT
The Judiciary has taken an activist role and has started to energetically contribute to the socio-economic and political justice enshrined in the preamble of our Constitution. While doing so, it has expanded its power in a manner that even transgresses into the sphere of executive and legislature. This radical shift in the attitude of the Judiciary has raised several serious questions regarding the role of the judiciary in light of the separation of powers doctrine. In a democratic country, the role of the judiciary is a mere adjudicatory in nature or it involves law making, is a debatable question for many centuries. In light of the above, this paper attempts to examine the role of the judiciary in interpreting the statute attempts to delineate the line between judicial interpretation and judicial encroachment to avoid violation of the doctrine of separation of powers which the Constitution provides for.
