TOOLS AND TECHNIQUES IN POLICY MAKING AND CREATIVITY IN CONSTITUTIONAL ADJUDICATION

The judiciary plays a pivotal role in interpreting the Constitution and shaping public
policy within a democratic framework. Judicial interpretation often transcends mechanical
application of laws, evolving into a creative process that reconciles constitutional ideals with
social realities. This article examines the tools and techniques of policy making embedded
within judicial functions, focusing on the creative and purposive role of courts in constitutional
adjudication. It explores how Indian courts, particularly the Supreme Court and High Courts,
have expanded the constitutional horizon through writ jurisdiction, judicial review, and
interpretative innovation. The study analyses the interplay between constitutional
interpretation, public policy, and judicial creativity by reviewing significant decisions and
theoretical foundations that define India’s constitutional jurisprudence. Ultimately, the article
argues that judicial creativity serves as an essential instrument for realizing justice, liberty, and
equality-the core objectives of the Indian Constitution.
Keywords: Judicial Creativity Constitutional Adjudication Policy Making Judicial Review
Writ Jurisdiction Supreme Court Fundamental Rights