DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

BASICS OF LEGISLATION
FINAL DRAFT
On

ROLE OF JUDICIARY IN LAW MAKING

Submitted for the project work undertaken in the partial fulfilment of B.A LLB
(HONS) 5 years integrated course of the Ram Manohar Lohiya NLU, LKO.

Under the guidance of:

Submitted by:

Mr SHASHANK SHEKHER

ANKITA GAUTAM

ASSISTANT PROFESSOR

ROLL NO.-31 SEC-A (IInd SEM)

ACKNOWLEDGEMENT

This Project is a bonafide record of all the data collected pertaining to the topic.
I hereby acknowledge the help and support of our university Vice Chancellor
Prof. Gurdip Singh, my guide and teacher Mr. Shashank Shekher, and the staffs
of the library for their timely help and suggestions. I thank all the teachers who
have taught me. I also thank my friends for their sincere support. Last but not
the least; I thank my parents for all that they have given me and God almighty
for keeping me in best condition to finish this project in time and best of my
abilities.
Thanking you.......

TABLE OF CONTENTS
List of cases

CHAPTER-I
1- INTRODUCTION

CHAPTER-II
2- WHAT IS THE CONSTITUTION FOR JUDICIAL LAWMAKING?
A. What kind of Law Making?
B. What kind of Constitution?

CHAPTER-III
3- JUDICIAL LEGITIMACY
3.1- Functions of court
3.2- Court structure and organization

CHAPTER-IV
4- GLOBAL TRENDS IN JUDICIAL POWER
4.1-Court of Justice
4.2- Court of Law

LIST OF ABBREVIATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.

Petn.
UOI
V.
Cons.
AIR
IPC
SC
SCC
Gov.

- Petition
- Union of India
- Versus
- Constitution
- All India Reporter
- Indian penal code
- Supreme Court
- Supreme court cases
- Governmentsss
3

10. C.J.
11. HMA
12. HSA
13. Advs.

- Chief justice
- Hindu Marriage Act
- The Hindu Succession Act
- Advocates

LIST OF CASES REFERRED

1. D.K. Basu v State of West Bengal
2. Vishakha v State of Rajasthan.

STATEMENT OF PROBLEM
There was no effective law in India at that point of time.

HYPOTHESIS
Judiciary has a major role to play in law making due to change in time certain
new problem arises and to cater those problems there are no effective laws in
the country.

ARGUES AND RESEARCH PROBLEM

Whether there is any need of judiciary stepping into the role of law
making?
What was the urgency due to which judiciary gave the guidelines in the
famous cases?
Is legislature not performing its role of law making properly?
How judiciary perform its role in law making in India?

AIMS AND OBJECTIVES

What was the need?
Why role of judiciary so necessary?
Victim Protection and Access to Justice.
4

 Judicial Activism in the Area of Women Empowerment.

SOURCES

Research studies and Law Commission Reports; relevant portions only.

All India reporter
Primary sources
Secondary sources like internet.

MODE OF CITATION
Oxford Standard for the Citation of Legal Authorities (OSCOLA).
INTRODUCTION
The judiciary (also known as the judicial system or court system) is the system of courts that
interprets and applies the law in the name of the state. The judiciary also provides a
mechanism for the resolution of disputes. Under the doctrine of the separation of power, the
judiciary generally does not make law or enforce law, but rather interprets law and applies it
to the facts of each case. This branch of the state is often tasked with ensuring equal justice
under law. It usually consists of a court of final appeal, together with lower courts.
Administration of justice is the primary function of the judiciary. However, the judiciary
performs certain other function too. These functions may be judicial in character but some of
these functions are non-judicial in nature.