Beyond The Black Letter: A Methodological Critique Of The Indian Judiciary’s Evolution From Literalism To Purposive Interpretation

Full Text Link

Adriel Lawrence & Arpit Upadhayay, BA LLB (Hons.), Manav Rachna University

ABSTRACT

The way Indian courts interpret laws has changed a lot over time, showing a bigger shift in how they relate to written laws and their own reasoning. Since the Supreme Court was set up, Indian courts have been balancing between sticking closely to the text of the law and trying to understand its purpose. They started with a very literal approach, which they got from British common law and decisions from the Privy Council, but have gradually moved towards a more flexible way of interpreting laws that considers the context. The Emergency period was a turning point, forcing the judiciary to rethink its role and how much it should respect what the legislature intends. Nowadays, Indian courts often refer to constitutional values, social goals, and sometimes even international legal standards when interpreting laws. This change shows that the legal system is growing and adapting to social realities, but it also brings up important questions about how far judges should go and whether they might be stepping into the legislature’s territory. This paper looks at the basic principles of legal method in India, follows the history of how interpretation has developed from colonial times to dealing with constitutional issues, and critically assesses what the judiciary’s growing role in interpretation means for the separation of powers

Keywords: Judicial Interpretation, Literalism vs Purposivism, Constitutionalism, Judicial Activism, Separation of Powers.

688. BEYOND THE BLACK LETTER- A METHODOLOGICAL CRITIQUE OF THE INDIAN JUDICIARY’S EVOLUTIO

Download BEYOND THE BLACK LETTER- A METHODOLOGICAL CRITIQUE OF THE INDIAN JUDICIARY’S EVOLUTIO • 337KB