IN THIS ARTICLE WE TRY TO CRITICALLY ANALYZE IF THE JUDGES ACTUALLY MAKE LAWS OR ONLY DECLARE LAW OR IS IT A FINE MIX OF THE TWO. A CRITICAL ANALYSIS OF THE VARIOUS JUDGMENTS OF INDIAN COURTS SHOW THAT THIS IS HIGHLY DEPENDENT ON THEJUDGE, THE PREVAILING JUDICIAL ENVIRONMENT AND THE SOCIO-POLITICAL SCENARIO PREVAILING.