From Statutory Ambiguity To Judicial Rule- Making: Examining The Limits Of Judicial Interpretation In India
Rishi Ajay Vishwakarma & Aman Sanjay Shah, B.A. LL.B., Thakur Ramnarayan College of Law, Mumbai
ABSTRACT
In recent times, the courts in India, particularly the Supreme Court of India, are increasingly seen as going above the role of interpreting statutes in case of ambiguities and omissions in laws. Courts have laid down guidelines, timelines, and even substantive rules of their own in the cases of ambiguities in law, including the Vishaka guidelines on work place sexual harassment and the Common Cause directions in relation to living wills. In doing so, a significant question arises: is the court merely interpreting the law, or is it actually creating new law? This is precisely the problem that this paper will seek to explore. There is no definite or well-settled distinction between interpreting a statute and making a law in the Indian context. It may be true that the court's intervention in this manner may be justified by the claim of filling legislative gaps and protecting fundamental rights, but it is also true that the distinction between the role of the judiciary and legislature thus becomes blurred. In light of the fact that Articles 141 and 142 of the Indian constitution confer extensive powers upon the Supreme Court to declare law and ensure complete justice and in view of the basic structure doctrine that preserves separation of powers, a genuine apprehension is raised in regard to judicial overreach and accountability.
The question that will be addressed in this paper is therefore very straightforward when does the interpretation of a statute become the making of law and are there any boundaries to it? To determine that, an analysis will be made of the historical approach of Indian courts towards statutory ambiguities, constitutional provisions and some landmark judgements, and relevant theories of statutory interpretation.
The paper employs a doctrinal approach, based on the analysis of case law, statutes and constitutional provisions, along with the existing statutory interpretation theories.
Keywords: Statutory Interpretation, Judicial Rule-Making, Judicial Activism, Separation of Powers, Article 141, Article 142, Basic Structure Doctrine, Indian Constitution, Judicial Overreach, Doctrinal Legal Research.
