Judicial Creativity in Constitutional Interpretation

Contents: Preface. I. 1. Introduction. 2. Independence of Judiciary: An overview. 3. Selection of judges to the higher judiciary and the process of consultation. 4. Conditions of service of judges of the higher judiciary. 5. Independence of the lower judiciary. II. 6. The Doctrine of basics structure. 7. Basic structure: Crystallization of the doctrine. III. 8. Individual rights and social justice. 9. Conclusion. Bibliography. Index.

The Indian Supreme Court is known for many ground breaking and progressive decisions. The book judicial creativity in constitutional interpretation is an excursus into the innovative responses of the Court in interpreting the provisions of the Indian Constitution. The areas discussed in the book viz., the provisions dealing with the judiciary, the constituent power of Parliament and the interrelationship between fundamental rights and directive principles exemplify a breakthrough in the innovative judicial response in constitutional interpretation. The distinguishing mark of the decision in these areas is that instead of merely explaining the provisions, the court elucidated them in the light of certain concepts judicially developed.

The book is divided into three parts. The first part discusses how the apex court interpreted consultation between the President and the Chief Justice of India for appointing and transferring judges of the higher judiciary in consonance with the concept of judicial independence developed by it so as to check the threat to judges from the executive. It also examines how the court invoked judicial independence for regulating the procedure for their removal thereby protecting judges form the legislature and explains how the court modernized the concept by invoking it for protecting the judges of the subordinate judiciary from the judiciary itself.

The second part deals with the contribution of the Supreme Court in formulating and developing the doctrine of basic structure as a limitation on the constituent power of Parliament. It makes an elaborate study as to how it was subsequently developed as a norm for evaluating legislative power and also for restraining the exercise of arbitrary power by constitutional authorities. It also examines how the doctrine of basic structure was invoked as a tool for interpreting the Constitution. The third part discusses how the Supreme Court interpreted fundamental rights in the light of directive principles thereby infusing social justice into Part. III.