What is meant by judicial legislation ? In this context, discuss the verdicts of the apex court allowing “passive euthanasia” and a “living will”. (Answer in 250 words)

- What is meant by judicial legislation ? In this context, discuss the verdicts of the apex court allowing “passive euthanasia” and a “living will”. (Answer in 250 words)
Introduction
Judicial legislation refers to situations where courts, while interpreting the Constitution or laws, lay down principles or procedural guidelines in areas where legislation is absent or inadequate. It reflects the judiciary’s role in filling legal gaps while protecting fundamental rights.
Body
Judicial Legislation and Euthanasia:
1. In Gian Kaur v. State of Punjab (1996), the Supreme Court held that the right to life under Article 21 does not include a right to die, but acknowledged the concept of dying with dignity in cases of terminal illness.
2. In Aruna Ramachandra Shanbaug v. Union of India (2011), the Court permitted passive euthanasia under strict judicial supervision. Passive euthanasia involves withholding or withdrawing life-support treatment, unlike active euthanasia, which involves a deliberate act causing death.
3. In Common Cause v. Union of India (2018), a Constitution Bench recognised the right to die with dignity as part of Article 21 and legalized passive euthanasia.
4. The Court also recognised a “living will” or advance directive, whereby a competent adult can specify in advance that life-sustaining treatment should not be continued if they later become terminally ill and incapable of expressing consent.
5. The Court framed detailed procedural safeguards regarding medical boards, verification and implementation, effectively creating an interim legal framework in the absence of parliamentary legislation.
6. In 2023, the Supreme Court simplified these guidelines to make advance directives more workable.
Conclusion
Thus, the euthanasia judgments illustrate judicial legislation as a mechanism for protecting dignity, autonomy and constitutional rights, while also highlighting the need for comprehensive parliamentary legislation.