Between Text and Intent: Judicial Interpretation at the Margins of India's Constitution

Registration ID: IJNRD_326182

Published ID: IJNRD2606196

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Dr. Swati Rai, Ms. Sanmati Rathore

Indian Constitutional Law, Constitutional Silence, Judicial Creativity, Constitutional Interpretation, Judicial Activism, Separation of Powers, Constitutional Morality, Fundamental Rights

The Indian Constitution is a living document that is meant to last through the changing social, political and economic landscapes. Although the Constitution covers a wide range of topics, there are some issues that are not explicitly mentioned that could arise in the field of governance and constitutional adjudication. Lack of clarity, gaps and constitutional ‘silences’ are an issue that needs to be addressed by the judiciary in order to make constitutional institutions and fundamental rights work. To fill these lacunae, the Indian judiciary has often taken an imaginative reading route to interpret the Constitution and interpret its principles beyond the literal meaning of the Constitution and beyond traditional boundaries to meet the demands of the present. A creative approach in the working of the judiciary has played an important role in shaping Indian constitutional jurisprudence. The judiciary has recognised rights and principles which are not mentioned in the Constitution such as the right to privacy, right to environment, and procedural safeguards under Article 21 through innovative interpretation. At the same time, concerns have been raised about judicial interpretation and the limits of judicial power, as well as the potential for judicial encroachments on the legislative and executive functions. The debate on judicial activism and judicial overreach has thus become a key issue in contemporary discussions about the constitution. The paper deals with the concept of ‘constitutional silence’ and also discusses how Indian judiciary has filled up the constitutional lacunae by creative interpretation. It examines the theoretical underpinnings of judicial creativity, reviews some important judicial decisions, and considers the constitutional boundaries that ought to be respected in judicial interpretation. The paper proposes that judicial innovation must be both compatible and respectful to constitutional structure, democratic legitimacy and the separation of powers in order to safeguard constitutional values and respond to the society’s new challenges; yet, it must not be excessive. The study ultimately aims to determine a proper equilibrium between Constitution’s adaptability and the doctrine of judicial restraint in the Indian Constitution.

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Dr. Swati Rai & Ms. Sanmati Rathore (June-2026). Between Text and Intent: Judicial Interpretation at the Margins of India's Constitution. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(6), b843-b851. https://ijnrd.org/papers/IJNRD2606196.pdf

Volume 11 Issue 6, June-2026

Pages : b843-b851

Paper Reg. ID: IJNRD_326182

Published Paper Id: IJNRD2606196

Research Area: Other area not in list

Author Type: Indian Author

Country: Indore, Madhya Pradesh, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2606196.pdf

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