![]() ![]() It is pertinent to quote Rajeev Dhavan’s observation on Indian judiciary who states that “Owing to indigenous pressure, the court has been mechanical in its approach to the problem on which it was called upon to adjudicate. Judicial activism earned a human face in India by liberalizing access to justice and under their leadership the Supreme Court gained in stature and legitimacy. Some prominent Indian legal luminaries who adorned the bench of Supreme Court like Justice V.R.Krishna Iyer, Justice P.N.Bhagwati, Justice O.Chinnappa Reddy, Justice J.S.Verma, Justice Kuldip Singh, Justice A.S.Anand have sensitized the democratic principles in the country and played an important role by way of judicial activism and judicial creativity with their able umpiring and proactive judgments. Īfter 1975 the judiciary has become unelected representative of the people. ![]() 1981) discusses most aspects of statutory construction. The task of interpreting the constitution is a highly creative judicial function which must be in tune with the constitutional philosophy. The judiciary has to devise a pragmatic wisdom to adopt a creative and purposive approach in the interpretation of various rights embodied in the Constitution. Therefore, it is necessary to consider what should be the approach of the judiciary in the matter of constitutional interpretation. The judiciary has to perform an important role in the interpretation and enforcement of human rights inscribed in the fundamental law of the country. The courts act as the supreme interpreter, protector and guardian of the supremacy of the Constitution. The courts perform the key role of expounding the provisions of the Constitution. JUDICIAL ACTIVISM AND JUDICIAL CREATIVITY OF THE SUPREME COURT IN CONSTITUTIONAL INTERPRETATION INTRODUCTION In democratic countries the judiciary is given a place of great significance. Legal development and creativity through legal reasoning under statutory and codified systems. The tools and techniques of judicial creativity and precedent. Manner is applying the tools of creativity to forge the interpretation. Through a variety of techniques of judicial. A theoretical issue which casts doubt over precedent as a limit to judicial creativity is. The Tools And Techniques Of Judicial Creativity And Precedent Average ratng: 3,5/5 4785 votes ![]()
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