JUDICIAL PROCESS AND CONSTITUTIONAL INTERPRETATION: THE RISE OF JUDICIAL SUPREMACY AND JURISTOCRACY IN INDIA.

This paper discusses the role played by Supreme Court in development of “Indian judicial system” for protection of fundamental rights by doing innovative changes in the of “judicial process” through constitutional interpretation to do complete justice. For this supreme court introduced some new concept which were not envisaged by the makers of the constitution like, doctrine of public interest litigation, doctrine basic structure, and doctrine of prospective overruling. Apart from this, supreme court instead of confining itself to the role of interpreter of the constitution played the role of activist and under the guise of doctrine of “judicial review” expanded the scope of article 21 of Indian constitution which was not at all envisioned by the makers of the constitution, like “judicial activism” and went to the extent of “judicial adventurism” and went to the extent of “judicial adventurism” soberly called as “judicial overreach”. Therefore, legal and constitutional expert suspect that, if Supreme Court allowed to do it uninterrupted, it will not only establish “judicial supremacy” but leads towards juristocracy also.