Critical Appraisal Of Judicial Creativity

Divyang Salvi, Symbiosis Law School, Pune

ABSTRACT

The article investigates the idea of judicial creativity in Indian Jurisprudence from a critical viewpoint. The article examines the possible advantages and disadvantages of judicial activism by examining landmark cases and instances like Navtej Singh Johar, Sabrimala, and Triple Talaq. The article acknowledges the need for judicial creativity in addressing the ever-evolving social norms and upholding justice. However, it also sheds light on the downside of judicial creativity, i.e., judicial overreach, and the possible weakening of the rule of law and inconsistent decision-making. The article's conclusion emphasizes the necessity of a balanced strategy, wherein judicial creativity is used sparingly to preserve the values of justice and the rule of law.

Keywords: Judicial Creativity, Judicial Activism, Judicial Overreach, Rule of Law, and Constitutional Interpretation.