Legislative Power of the Judiciary

Judges possess quasi-legislative powers primarily through interpreting the Constitution and statutes, establishing binding precedents that act as law (judge-made law). Through judicial review, they can invalidate, refine, or effectively rewrite unconstitutional legislation. Additionally, courts may issue policy-related directives to fill legislative voids,, though they must respect the separation of powers.

Quasi-legislative functions of the judiciary include:

• Binding Precedent (Article 141): Decisions by the Supreme Court are binding on all lower courts, creating legal principles that function as law.
• Constitutional Interpretation: As guardians of the Constitution, judges interpret its provisions, shaping how laws are applied and, by extension, how they function.
• Judicial Activism/Review: Courts can strike down or modify laws found to be ultra vires (beyond the power of the constitution) or violating fundamental rights.
• Filling Legal Lacunae: When existing law is silent, judicial decisions can create guidelines to govern specific situations, filling gaps in legislation.
• Contempt Powers: The judiciary can punish for contempt, protecting its own authority and functioning, similar to parliamentary privilege.