Limitations on the interpretive role of the courts

The article is critical analysis of the Apex Court judgment in Vaishali Abhimanyu Joshi v Nanasaheb Gopal Joshi with a purpose to identify limitations on the interpretive role of the Courts. The case is a classic illustration of how the Courts, sometimes, probably in their over zealously abandon the institutional essentialist outlook in lawmaking under the garb of interpretation. Here the argument is adherence to institutional essentialism in some cases particularly where the parliament has in clear and express words carved out exceptions. Primacy must be accorded to the law making role of the Legislature.