INFORMAL METHOD AS A MEANS OF JUDICIAL INTERPRETATION: WITH REFERENCE TO EVOLUTION OF PRIVACY AS A FUNDAMENTAL RIGHT
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Abstract
In any country, the Judiciary plays an important role of interpreting and applying the law and adjudicating upon controversies between one citizen and another and between a citizen and the state.
India, a country with a written constitution, courts have the additional function of safeguarding the supremacy of the constitution by interpreting and applying its provisions and keeping all authorities within the constitutional framework.
The Supreme Court of India is the highest judicial forum and has been called upon to safeguard civil and minority rights and play the role of “guardian of the social revolution”.
The inclusion of a chapter of Fundamental Rights in the Constitution of India is in accordance with the trend of modern democratic thought, the idea being to preserve that which is an indispensable condition of a free society. In India, the judiciary (particularly the Supreme Court) also has the significant function of protecting and enforcing the Fundamental Rights of the people.
Judicial interpretation is a process of slow and gradual metamorphosis of constitutional principles, and is somewhat invisible, for the change has to be deciphered by an analysis of a body of judicial precedents. In this process, the Supreme Court plays a dominant role, for its their function to interpret the Constitution. In the informal method of Judicial Interpretation, the constitutional text does not change, but its interpretation undergoes a change and this provision is made with a view to overcome the difficulties which may encounter in future working of the Constitution.
Sensing the need of the hour, the Supreme Court was willing to adopt the advancement of the society in order to protect the privacy of the individuals. As soon as the question of privacy came up to the Supreme Court, the opinion of the court dwelled in favour of recognising privacy as intrinsic to life and personal liberty under Article-21 of the Constitution.
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