TERM PROJECT

ABSTRACT/ ROUGH DRAFT

9th SEMESTER- CONSTITUTIONAL LAW

NAME- SHIKHAR MITTAL

R. NO. – 18174

TOPIC- Change in Trend of Interpretation of Constitutional Principles by

Indian Judiciary

1.1 Statement of Problem.

Indian Judiciary has been an important and active institution having a watch over almost all
the matters concerning the Fundamental Rights of the Citizens. Along with it The Higher
Courts like various High Courts and the Supreme Courts have, from time to time, have taken
into cognisance various issues related to regulation of society and have defined the bounds
within which State could exercise its control. The duty of this institution has always been to
ensure the compliance of the principles on which we as a nation stand upon which includes
interpreting the Constitution in a way that is in line with those very principles.

A number of landmark judgments by High Courts and Supreme Court have led to the
development of constitutional jurisprudence which defines role and position of every entity in
the nation. However, the constant hardship faced by the Courts was to balance the Public
Opinion with the rule of law. In recent times we have seen a rather different trend followed
by Courts where individual liberty is gaining more importance over the common conscience
of the community and reaffirmation of supremacy of the Constitution. Despite this the
constant problem still persists, which is of prioritising the interest of society or reforming that
society by giving more individualistic interpretation of laws and application of those laws on
society. In this project, the author shall seek to analyse the current changes in the trend of
interpreting laws by the Indian courts and how far is it going to be helpful to ensure
compliance of Constitutional Principles.

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1.2 Objective Of Research

The main objective of this study is to reach a better understanding of the constitutional law
jurisprudence regarding the Individual autonomy and personal liberty along with specific
focus on the indispensability of the Societal consciousness. The study is aimed at creating
more awareness regarding the role played by Judiciary across the globe to ensure a regime
more suitable to the Humans with necessary respect for their individual rights and personal
autonomy and also to ensure and upheld the sentiments of society wherever and whenever
required. The research is carried on in a way to reach a convergence point from the
dichotomy of preference to, either Individual Autonomy or Societal Consciousness. In
addition to this, the author also aims to convey his opinions and an account of his
understanding of the current research problem. This project is dedicated to the cause of
continuing the debate and dialectics in the field of law in order to reach a better version of
existing positions and furthering the betterment of humankind.

1.3 Research Methodology

The subject matter of the document mostly relates to the existing laws in the nation and the
historic role of the courts of the law. The author in pursuance of gathering more information
regarding the topic has referred to number of sources including Books, scholarly articles,
documentaries, case studies, judicial precedents and other online sources. Most of the
research carried on is thus Doctrinal Research with a reference to primary sources such as
Constitution of India, other statutes, judicial pronouncements along with assistance from
secondary sources like books and articles. The methodology followed has both descriptive
and analytical segments. The document’s descriptive segment deals with important
information and some necessary facts needed to be analysed. Majorly derived from primary
sources of research. The analytical segment put forth the view of researcher and the
conclusion over the undertaken hypothesis along with some suggestions regarding the
research problem. Overall research is carried on the basis of reliance, mostly, on online
sources. Research is empirical as

well as it is based upon the observations of the researcher, from the society. The entire

study is divided into different chapters, each of which deals with an important concept

of Judicial interpretation in recent times.

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1.4 Research Limitation

The present document deals with the description and analysis of shifting trends of judicial
interpretation wherein personal autonomy and liberty is gaining a centre stage. The author has
referred to multiple sources in order to reach a conclusion and for analysis however due to the
paucity of time and resources could not incorporate many related case studies and
information regarding similar instances. The present research is thus limited to the
constitutional provisions, case studies, precedents and other important information
mentioned, discussed or focused upon in the document. The scope of study is nevertheless
wider than the document entails but considering the limited time frame, the research shall not
include discussion regarding other fundamental rights, position of courts on matters other
than those discussed in document or not related to those mentioned. The gap in research shall
also be regarding the international aspects of law as well. The comparative analysis is limited
to certain specific judgments of US Supreme Court and important precedents encompassed in
the document. The researcher, keeping in mind the subject matter of document and the
necessary requirements of the study has thus relied on the above sources exhaustively. The
analysis drawn, regardless of above gaps, is inspired from multiple sources which includes
the perceived notions of author himself and other acquired information over the time.

1.5 Research Question

The project aims to analyse whether the new trends in Interpretation of Constitution leads to a
better compliance of Constitutional Principles? and What shall be the priority of courts while
choosing between conscience of Society and Individual Liberty?

On careful reading, the author is of the belief that new interpretation has somewhat widened
the scope protection of individual liberty and tries to balance the society’s interests too but
still there are a few gaps and grey areas that are to be considered while interpreting the
constitutionally viable position of state and society in the nation.

The question hence arises that is the present interpretation in consonance with constitutional
values or not and this project will discuss it in detail.

1.3 Hypothesis

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The research carried on in this matter would be in pursuit of finding an appropriate and
possible arrangement for the interpretation of the constitution, hence the Hypothesis of the
above study would be as following -:

That the approach of judiciary seems to be going in the right direction, however a required
balance is yet to be achieved.

Thus the study would confine itself to the above questions raised and by taking the above
hypothesis in consideration. Research would be backed by landmark judgments and
references from research papers by various jurists in order to prove the above undertaken
hypothesis.

CHAPTERISATION PLAN

1. INTRODUCTION

2. RATIONALE BEHIND NEW APPROACH OF JUDICIARY

This section shall deal with reasons and rationale behind adoption of new approach by
courts around the world regarding shift to more individualist approach
3. SIGNIFICANCE OF SOCIETAL CONSCIOUSNESS

This section shall point out the significance of society and social consciousness while
making and enforcing a law
4. CONSTITUTIONAL VALIDITY OF NEW APPROACH

This section will point out the important factors considered to decide the
constitutional validity of Supreme Court’s new approach and Interpretations
5. COMPARATIVE ANALYSIS WITH APPROACH OF FOREIGN COURTS

In this section a comparative analysis shall be given with respect to the position in
American and English Courts.
6. PERSONAL AUTONOMY IN POST-MODERN TIMES

This section will give a broad overview of development of new approach and
important studies and psychological aspects along with anthropological theories
leading to attachment of importance to Personal Liberty and Autonomy.
7. LIBERALISM AND INDIAN SUPREME COURT

This section will highlight the liberal principles adopted by the Supreme Court in
various recent judgments upholding the constitutional mandate

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 8. CONCLUSION