Tools and Techniques Applied by Indian Judiciary in Creativity


Satodeepa Mukherjee*


Published on April 23, 2021 | Manuscript Number: 2021/LKLR/23040 | Page Numbers: 40-50

Abstract: Democracy is incomplete without an active and creative Judiciary reflecting the voices of the people and an effective Legislature and Executive in the modes of law-making. A true democracy not only represents the Judiciary but also the voices of the people that raise to seek solutions for every controversy arising from the conflict of rights, providing the Judiciary to fill in the gaps, if left, in the letters of the law, applying all its creativity and discovery. Judiciary has the maximum responsibility in interpreting the Indian constitution to maintain Supremacy, Rule of law, and the Separation of Power. The steps of creative activism of the Indian Supreme Court and the role of Judges would have remained incomplete without the power of Judicial Review and Writs. The essence of natural justice has always been upheld by Judges on the three jurisprudential schools being the Natural School, the Historical School, and the Analytical School, along with the Philosophical views of different Judges. However, the techniques of the Judges remained constant, making the Liberal Interpretation fill in the gaps left by the Legislatures in law-making and making recommendations for mediation proceedings also if required. A plethora of cases of creative decisions reshaped the society broadening the thoughts and touching all spheres of life and reflecting dynamism. The wider interpretation of life and its needed support system would have remained incomplete if tools and techniques were misused in Judiciary. Thus, making a feverish society. The Indian Judiciary indeed represents itself as the guardian of the Indian Constitution (the greatest democracy ever in the world).

Keywords: Activism, Judiciary, Judges.

*Kazi Nazrul University, Asansol

Cite as: Satodeepa Mukherjee, 'Tools and Techniques Applied by Indian Judiciary in Creativity' (2021) 1(1) LKO. L. REV. 40