MEANING OF JUDICIAL ACTIVISM The term judicial activism has acquired multifarious meanings and there is no explicit statutory definition. This paper attempts to trace out the evolution of judicial activism in India and the pro-active role played by the higher judiciary in applying judicial creativity for interpretation of the Constitution. The Indian judiciary underwent a sea change in terms of discarding its traditional approach by charting out a new horizon of dynamic concept of judicial activism with many facets and dimensions which paved way for the activist liberal judicial approach to Constitutional interpretation. The predominant positivist approach of interpretation followed by the Indian Judiciary emanates from the basic traditional theory that a judge does not create law but merely declares the law. And it is the duty of the judiciary to so interpret the constitution and the law as to constantly inculcate these values on which democracy thrives. A democratic society lives and swears by certain values such as individual liberty, human dignity, rule of law, constitutionalism etc. 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. Therefore the Creativity of the Supreme Court and High Courts shall always remain as a high benchmark of judicial creativity in India. Creativity in law through judicial process is one area that is greatly benefited by the innovative and creative interpretation of the Supreme Court and High Courts. Quite apart from the soundness of the precedent which upheld.
Judges and Law Reform: Judicial Creativity or judicial activism? Judicial activism and judicial. Manner is applying the tools of creativity to forge the interpretation. Through a variety of techniques of judicial. A2 Level Law Judicial Creativity Presentations 1.