Question

Which of the following statements is correct?

• A. Judges declare law
• B. Judges make new law
• C. Judges declare and make law
• D. Judges do not make law

Hint:

The maxim 'Judges are the living oracles of the law' emphasizes that judges do not merely apply law mechanically but breathe life into it.

Answer 1

The Correct Option is C

Concept: The role of the judiciary is a subject of significant legal philosophy. While the primary function of judges is to interpret and 'declare' existing law, the doctrine of *stare decisis* and the necessity of filling legislative gaps effectively empower them to 'make' law.

Step 1: Analyzing the judicial function of declaring law.
In a civil law system, judges primarily interpret statutes and apply them to specific cases. By interpreting statutes, they clarify the law, which is the act of 'declaring' what the law currently is.

Step 2: Analyzing the judicial function of making law.
In common law systems like India, precedents set by the Supreme Court become the law of the land under Article 141 of the Constitution. When the Supreme Court fills a gap in the existing legislation or interprets an ambiguous provision to provide justice, it creates a new legal precedent.

Step 3: Synthesis of the two roles.
Judges act as both interpreters and architects of the legal system. Through authoritative interpretation, they 'declare' the intent of the legislature, and through judicial activism and the creation of binding precedents, they 'make' law for future cases. equation Judicial Role = Declare and Make Law equation center Judges declare and make law center