![the tools and techniques of judicial creativity and precedent the tools and techniques of judicial creativity and precedent](https://images.slideplayer.com/36/10582926/slides/slide_3.jpg)
In Kesavananda Bharati the courts used their creativity to make sure the fundamentals of the constitution remain unchanged and hold the true essence of a democracy by making a basic structure doctrine. The above stated case laws are a great examples for understanding the concept of judicial creativity. Coelho the judges at the time saw the tyranny caused as a result of Schedule 9 of The Constitution being kept out of the purview of judicial review and thus over turned the previous judgement and held that all laws placed under Schedule 9 are within the purview of judicial review. This was named the “basic structure” of The Constitution. In Kesavananda Bharati the judges recognized that there are certain basic parts of The Constitution that cannot be changed or amended as they form the core of The Constitution. State of Kerala and when the concept of judicial review was upheld in I.R. In India two major landmarks in judicial creativity were when the basic structure doctrine was introduced in Kesavananda Bharati v. Judges using their wisdom and innate sense of justice give meaning to the letter of the law that is relevant to the time and more importantly is relevant to the facts of the case.Įxamples of Judicial Creativity in Constitutional Law and the Provisions Involved The problem comes when enough time has passed that those rules seem archaic and now do not seem relevant, it is here that the judicial creativity comes into the picture. Judicial creativity can be described as the fluid part of the law, as a layman we understand law to be the rules and regulations made by the government.
![the tools and techniques of judicial creativity and precedent the tools and techniques of judicial creativity and precedent](https://sfjs.net/wp-content/uploads/2018/06/471825-630x1200.jpg)
This becomes even more important in the case of The Constitution as it is not only the law of the land but a 70-year-old document at this point. It is in these scenarios that the creativity of the judge comes into the picture, the judge can apply the law in a way which is truly just and provides a better resolution to the victims. Judicial creativity is very important to provide true justice to the citizens of the country, as many times the legislation is not clear on certain aspects of the law or is silent on them.
![the tools and techniques of judicial creativity and precedent the tools and techniques of judicial creativity and precedent](https://i.ytimg.com/vi/rfcg0l946JQ/maxresdefault.jpg)
Judges have been not only applying the law to the letter but also moulding it to suit the present time and situation. Judicial creativity in India has been a very integral part of the justice system and has been a cornerstone is providing a modern outlook to the judiciary.