5 judiciary and the ‘flaming sword’ that Justice Bose contemplated, administered the freely fount of justice can be without any pressure from any corner. Before I deal with the issue, it is necessary to consider at this juncture different aspects of the constitutional law. The constitution will live only if it is alive in the hearts and minds of the people of a country. A written constitution, should be viewed as a ‘living tree’ though rooted in such factors, is also one whose branches should be allowed to grow over time through a developing common law jurisprudence of that same community’s constitutional morality. This is what observed by W.J. Waluchow, Queen’s University, Kingston, Ontario in a book called “A Common Law Theory of Judicial Review”. The author covered a broad range of disciplines-law, philosophy, political theory, constitutional theory and special interestin his Judges dissertation in a about democracy- the role particularly of the unelected role of Supreme Court in shaping constitutional policy. The author sought to resolve the impasse over the