Introduction

When we talk about a justice dispensation system we assume that the

ideals of justice are being articulated at some higher level of government
– be that Parliament or state legislatures, the Supreme Court or lower
courts. However, what ideals of justice are articulated at the top of the
judiciary are influenced by the access ordinary people have to lower
courts. Oliver Wendell Holmes observed “The life of the law has not
been logic; it has been experience.”1 A law that is healthy and vital is
shaped from the context in which we live. It is in the individual cases
where the hard choices are made, our legal principles crystallized, and
our faith in justice reaffirmed. If people do not have access to the courts
at all levels of the judiciary then we are missing voices, problems, and
perspectives that enrich the ideals of the law ennunciated at the top or at
any other level of the judiciary. Our ideals of justice are not so much
created and refined by logic as they are by experience.2

The obligation of dispensation of justice is not only of the courts, but

also of the government, civil society and the public. Lawyers play an
important role in ensuring justice is dispensed in each of these realms.
Those trained with legal education can be a part of crafting systems
within the government to dispense justice. They can also work to
increase legal literacy amongst the people. When people know their own
rights they are more likely to successfully assert them without the need
of court intervention, and if that is not possible they are likely to bring
matters to the court. The last resort of people is, of course, a court of
law.3

1
https://en.wikipedia.org/wiki/The Common Law (1881), p. 1.
2
www.ijtr.nic.in/articles/art55.pdf, Para 3.
3
www.commoncause.in/publication_details.php viewed on 27 July 2017
Effective justice dispensation through the courts requires at least three
elements:

1. Access to courts: - Judiciary has made satisfactory success in

opening the doors of courts in this country to many for whom
earlier it was a dream. The provision of free legal services to the
poor through forums under Legal Services Authorities Act and
some other legislation has contributed considerably in this field.
Further, Public Interest Litigation has allowed civic-minded
citizens to file petitions on the behalf of others whose rights are
being violated. The judiciary has a track record of actively
intervening on the behalf of many of the country’s poorest and
most disadvantaged.4

2. Effective decision-making by judges: - it means a constant and

perpetual desire to render everyone, his or her due. This, in turn,
means that the court must in every way find legal techniques to
provide relief to the one who has been deprived of what was due to
him or her. It is, therefore, said that justice is the ultimate objective
of law. Our Constitution injects justice, equity and good
conscience into Indian way of life. Despite successes in the sphere
of access to justice by opening the doors of courts to the people, it
is common knowledge that the judiciary faces a large backlog of
cases which in the end results in denial of real access to the courts
for far too many on account of delay that takes place in many cases
in dispensation of justice.5

3. The proper implementation of those decisions: - The belief that

when a dispute goes to the Court it will be resolved, in accordance
with the existing law, by an independent judge, and justice will
4
http://www.ijmra.us/project doc/IJPSS_MAY2012/IJMRA-PSS1101.pdf
5
Bala Nikit, Set Back In Indian Judiciary; www.indlawnews.com; posted at Sunday, july 19,
2009.
 thereby be done to them, prevents people from settling disputes
privately by application of force. When we catch a person
committing a crime, we, instead of punishing him, hand him over
to the police for trial before a court of law, in the belief that the
court will administer law impartially and punish the wrongdoer.
Similarly, when there is invasion of our civil rights or a civil
wrong is done to us, we go to a court of law, for redressal of our
grievance, instead of taking the law into our own hands, in the
hope and belief that in a reasonable time, we will get justice from
the courts.6

We were fortunate enough to have the rule of law through the

Constitution of India. On basis of the objective resolution, we had a
constitution to meet the aspirations of the people and to strengthen the
values of sovereignty, socialism and secularism. We had values to have
a democratic republic. We ensured social economic and political justice.
We extended liberty of thought, expression, belief, faith and worship.
We also ensured equality of status and of opportunity to all the citizens.
Through constitution - we also assured the dignity of individual and also
the unity and integrity of the nation. Part-III of the Constitution of India
guarantees the fundamental rights. Article 13(1) of the Constitution
makes it clear that all laws in force in the territory of India immediately
before commencement of the Constitution, in so far as they are
inconsistent with the provision of Part-III, dealing with the fundamental
rights, shall, to the extent of such inconsistency, be void. Article 13(2)
provides that the State shall not make any law that takes away or
abridges the fundamental rights.7 The constitution guarantees equality
before law and equal protection of law. It guarantees right of life and
personal liberty. It provides that no person shall be deprived of his life or
personal liberty except according to the procedure established by law.8
6
People’s Democracy (weekly); Towards the Movement for Judicial Reforms; Vol:XXVII,
NO.33; August 17,2003.
7
Joshi, V.T. and Anil Chawla; Indian Judiciary and The Review Of The Constitution Of
India; Article available on www.indlawnews.com viewed on 28 July 2017.
8
www.hcraj.nic.in/Paper-Speech/dispensationofjustice.pdf
We are having supremacy of law, equality before law and pre-
dominance of legal spirit. The three wings of our governance have also
strengthened all these constitutional values.
Broadly, no wing of governance tried to interfere in the domain of other.
Hon'ble Supreme Court by several judgments ensured the constitutional
values. In the case of Keshvanand Bharti,9 the Supreme Court
enunciated the rule of law as one of the most important aspect of the
doctrine of basic structure. In the case of Menaka Gandhi,10 the Apex
Court held that even in administrative action the essence of arbitrariness
is not permissible in view of the provisions of Article 14. It can very
well be said that we are having rule of law that is uniformly applicable
for each and every citizen of the country. In no case we can suspend the
rule of law.11

TOOLS AND TECHNIQUES FOR DISPENSATION OF JUSTICE

An Ideal Justice Dispensation System should necessarily have the

following attributes:

1. Speedy and affordable quality justice: -

The dispensation of justice has little meaning if it is not delivered in a

reasonably short time, strictly speaking a delayed justice, frustrating the
cause thereof, is no justice at all. A good legal system should not only
yield proper and just solutions but also these solutions must be had
quickly had as infallibility as human agency can guarantee. Delay is a
great reproach, and the cry for speedy justice is heard from all quarters,
slow justice would be futile, over speedy justice is undesirable, because
the hurried justice implies buried justice, speedy disposal of cases should
not be constructed to mean that cases should be disposed of quickly to

9
Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225)
10
Maneka Gandhi vs Union Of India, 1978 AIR 597
11
www.nja.nic.in/TOC_and_PS/P-871%20PR.pdf
the determent of justice. While emphasizing the need for speedy justice,
Justice Anand has rightly observed that12
“People want justice, pure, unpolluted, quick and inexpensive and they
have every right to receive the same”. But in reality there are deplorably
long delay in the Dispensation of Justice, the need for the speedy justice
cannot be gained because as said, “If Justice is not executed speedily
men persuade themselves that there is no such thing as justice.” 13

Abdul Rehman Antulay V. R.S. Nayak.14 However the case of Maneka

Gandhi had a profound and beneficial impact on the administration of
criminal justice, the case of Antulay also plays a significant role as it
laid down the detailed guidelines for speedy trial of an accused in
criminal cases but it did not agree to fix any time limit for trial of
offences. In areas of speedy trial, Antulay’s case is of utmost importance
as it held that a fair, just and reasonable procedure implicit in article 21
created a right for the accused to be tried speedily, the court held that the
right was available to the accused at all stages i.e. investigation, inquiry,
trial, appeal, revision or retrial.

 Video conferencing is a convenient, secure and less expensive

option, for recording evidence of the witnesses who are not local
residents or who are afraid of giving evidence in open court,
particularly in trial of gangsters and hardened criminals. This is in
addition to savings of time and expenses of traveling. Recently,
Code of Criminal Procedure has been amended in some States to
allow use of Video Conferencing for the purpose of giving remand
of accused persons thereby eliminating need for their physical
presence before the Magistrate.

12
Dr V.P. Ramiah, Customary Clogs In Justice Delivery System” AIR 2003 Journal, p - 336
13
James Antony, “Short Studies on great Subject”, (1818 – 94) “Calvinism” 1871
14
AIR 1992 SC 1701
 Training of Judges and Judicial Staff:
Regular training and orientation sharpens the adjudicatory skills of
Judicial Officers. If judgments at the level of trial courts are of a
high quality, the number of revisions and appeals may also get
reduced. If the Judge is not competent he will take longer time to
understand the facts and the law and to decide the case. The
training needs to include Court and Case Management besides
methods to improve their skills in hearing cases, taking decisions
and writing judgments.

 Discretionary Prosecution:
It is difficult to enforce the formal system of charge and
adjudication in respect of all the offences irrespective of their
nature, implication and magnitude. There are simply too many
offences, too many offenders and too few resources to deal with
them all. In some countries, including U.K., the principle of
discretionary prosecution has replaced the principle of obligatory
prosecution. A case is sent for trial only if the prosecuting agency
is of the opinion that the prosecution of the accused would be in
public interest. We can consider and opt the same principle with
such modifications as may be deemed appropriate in our
circumstances.

 Legal Assistance:
A large majority of our people still lives below the poverty line and
are hardly able to afford two square meals and a shelter on their
head. It would be unrealistic to expect them to afford the services
of a competent advocate. Efforts have been made by governments
from time to time to address the issue of granting legal aid to the
poor but, enough has not been done and the system requires further
augmentation and strengthening, particularly on giving such people
services of good and competent lawyers and not just lawyers. In
developed countries viz. United Kingdom, the Government
maintains a panel of very competent and experienced advocates for
 providing legal aid to the defendants in criminal cases and pays
adequate remuneration to them.

 Legal Literacy:
The benefits of social welfare legislations have not been able to
achieve their intended purpose due to ignorance on the part of the
target citizens about the availability of various welfare schemes
initiated by the governments from time to time. Legal literacy will
make the citizens aware of their legal rights and obligations,
including their right to receive legal aid from the State. The
services of law students can be effectively utilized in spreading
legal literacy and facilitating negotiated settlement of disputes.

 Legal aid camps are an effective tool for spreading legal literacy,
encouraging people to resolve their disputes amicably and availing
the benefit of legal aid, wherever required by them. I will urge all
the students of this illustrious law college to devote part of their
time in attending legal aid camps and spreading legal literacy. Not
only will they be able to serve the weaker sections of the society,
they will also prove to be better lawyers and better human beings.

2. Independent judiciary

DR. B.R. Ambedkar said “The people of a nation may lose confidence in

the Executive (The King), or the Legislature but it will be an evil day if
they lose their confidence in its judiciary. The judiciary is the guardian
of human rights and civil liberties. The judiciary contributes vitally in
the preservation of peace and order by settling disputes between the
State and Citizens and among citizens which leads to a harmonious and
integrated social existence. The quantum of its contribution, however,
largely depends upon the willingness of the people to present their
problems before it and to honour its decisions. Equity, Justice and good
Conscience is an accepted principle of judicial functioning in almost
every legal system.”15
The judicial institutions i.e., the Courts are not only Courts of law; they
are also the Courts of justice. The “Rule of law”, said, A.V. Dicey, in
1885 means, “the absolute supremacy or predominance of regular law as
opposed to the influence of arbitrary power and excludes the existence
or arbitrariness, of prerogative, or even wide discretionary authority on
the part of the Government.16 Another significance, which Dicey
attributed to the concept of Rule of law, was; “equality before the law or
the equal subjection of all classes to the ordinary law of the land
administered by the ordinary law Courts”.17
Since the case of Marbury v. Madison,18 it has come to be considered a
duty of every judge in United States to treat as void any enactment
which violates the Constitution. The Court cannot properly decline to
exercise this power. This has led the establishment of the doctrine of
judicial supremacy. The doctrine has been thus expressed by
Willoughby, “the fundamental principle of American constitutional
jurisprudence is that law’s and not men shall govern”.19
In S.P. Gupta vs. Union of India,20 this Court has held that:-
“The concept of independence of the judiciary is a noble concept which
inspires the constitutional scheme and constitutes the foundation on
which rests the edifice of our democratic polity. If there is one principle
which runs through the entire fabric of the Constitution, it is the
principle of the rule of law under the Constitution, it is the judiciary
15
Din Dayal Sharma, “Independence of Judiciary and Impartiality in India”, 1968(ii) SCJ 24.
16
A.V. Dicey, Law of the Constitution, 197-198 (8th Edition).
17
D.D. Basu, Commentary on the Constitution of India.
18
(1803) 1 Cr 137.
19
Wlloughby, Constitutional Law of the United States, Vol. I, 1.
20
AIR 1982 SC 149
which is entrusted with the task of keeping every organ of the State
within the limits of the law thereby making the rule of law meaningful
and effective.”
These are some of the provisions which ensure that the judiciary in the
country is independent and that there is no involvement of any other
organ, i.e., executive and legislature.
i) Article 50: Separation of judiciary from executive is one direct
provision which ensures the independence and no interference from the
executive.21
ii) Article 211 and Article 121: No discussion on the conduct of any
judge from the High Court/Supreme Court in the Parliament or the state
legislature with respect to their discharge of the duties or their
workings.22
iii) Tenure: Judges of the High Court’s / Supreme Court cannot be
removed from the office except by an order of the President and that too
on the ground of proven misbehavior and incapacity. A resolution has
also to be accepted to that effect by a majority of total membership of
each House of Parliament and also by a majority of no less than two
third of the members of the house present and voting.
Supreme Court Advocates on record Association vs. Union of India
(Judges Transfer Case II).23 This case overruled the first case and
established a judicial collegiums consisting of the Chief Justice of India
accompanied by the senior most judges of the Supreme Court as the
primary body for appointment. This case became the first to establish a
collegiums system with respect to appointment of judges and hence

21
See Article 50 of the Indian Constitution, 1949
22
See Article 211 and 121 of the Indian Constitution, 1949.
23
(1993) 4 SCC 441.
ensuring its independence and no interference from the executive could
be achieved from making of this body for the appointment of the judges.

An independent judiciary is the backbone of good judicial governance.

Rule of Law and judicial review are the basic features of Indian
constitution and independence of judiciary is an essential attribute of
Rule of Law. Administration of justice requires judiciary committed to
the constitution and law of the land. Judiciary must, therefore, be free
from pressures or influence from any quarter. The oath which Judge
takes before he enters upon his office requires him to perform the duties
of his office without fear or favour, affection or ill-will. This solemn
affirmation is the bedrock of the faith of litigants in the judiciary. The
ultimate saviour of an independent judiciary is a brave and fearless judge
who truthfully discharges the duties of his office without in any manner
being influenced from any quarter.24 A judiciary manned by judges with
vision, wisdom and compassion can do more justice and the welfare to
the underprivileged than all the laws and policies we can think of.

Sir Harry Gibbs, Chief Justice of Australia defined an independent judge

as:
“That Judge who has nothing to hope for, nothing to fear, in respect of
anything done in the performance of his judicial functions, that Judge
who is able successfully to resist pressures of any kind.”25

3. Ethics and honesty in governance

Integrity, impartiality and fairness of judiciary are the main sources of

public acceptance of its authority. The very existence of judicial
institutions depends upon the judges, who constitute the system. They
should never forget that they hold the office of a judge as a public trust
and therefore, should continuously strive to retain the confidence
24
‘A Necessary Accompaniment for Democracy’ available at:
www.democracyweb.org/donate.php&wsc=ti&wsi=72cf39da1e1caa6d .
25
www.austlii.edu.au/au/journals/UNELawJl/2005/3.pdf
reposed in them by the people. No system of justice can rise above the
ethics of those who administer it.26

Lord Denning has stated “when a judge sits to try the case he himself is
on trial before his fellow countrymen. It is on his behavior that they will
form their opinion of our system of justice.” 27

Judges do not have the power of sword or purse. They only have the
moral authority based upon the confidence of the public in them and so
long as they maintain that authority their orders will be respected and
complied. It is necessary to maintain highest standards of integrity,
rectitude and impartiality, so as to maintain that confidence. A Judge
should be conscientious, just, impartial, indifferent to private, political or
partisan influences, indifferent to public praise and fearless of public
clamour. He is expected to administer justice according to law and not
allow other affairs of his private interest to interfere with the due
performance of his duty, nor should he administer the office for the
purpose of advancing his personal aims or increasing his personal
popularity.28

The High Courts should meaningfully and effectively exercise powers

conferred upon them by Article 235 of the Constitution29 so as to
maintain highest level of integrity, honesty and fairness. Action against
erring judges should be prompt and effective.

4. Social relevance, dynamism and pragmatism

26
highcourtchd.gov.in/sub_pages/left_menu/publish/articles/.../Delayedjustice.pdf
27
highcourtchd.gov.in/sub_pages/left_menu/publish/articles/articles.../mydream.pdf
28
unpan1.un.org/intradoc/groups/public/documents/UN-DPADM/UNPAN038789.pdf
29
See Article 235 of the Indian Constitution, 1949.
Another aspect to be highlighted is the Latin maxim Boni Judicis est
ampliare jurisdictionem30, that law must keep pace with society to retain
its relevance. It must continue to govern our justice delivery system. If
the society moves but the law remains static, it shall be good for neither
of them.
More than fifteen years back, the Supreme Court in Delhi Judicial
Service Association v. State of Gujarat,31 said: “… … …In interpreting
the Constitution, regard must be had to the social, economic and
political changes, need of the community and the independence of
judiciary. The court cannot be a helpless spectator bound by precedents
of colonial days, which have lost relevance. … … …”

Lord Denning has beautifully said “every new decision or every new
situation is a development of law. Law does not stand still. It moves
continually. Once this is recognized, then the task of the judge is put on
a higher plane. He must consciously seek to mould the law so as to serve
the needs of the time. He must not be a mere mechanic, a mere working
masion laying brick on brick, without thought to the overall design. He
must be an architect thinking of the structure as a whole building for the
society, a system of law, which is strong, durable and just. It is on his
work the civilized society depends.”32

Legal Education:

Students are architects and, therefore, main aspects that I think one
should focus on during legal education. Legal education will help
determine how skilled and what type of a lawyer you become. Legal
education is especially pertinent to today because what education law
students receive will also deeply shape how justice will be dispensed in
this country in the years to come.

30
www.legalserviceindia.com/historicalcases/legal_maxims.htm
31
1991 AIR 2176
32
Singh Ravi Karan-2004, https://books.google.co.in/books?isbn=8176295175. 
Alternative Disputes which includes Arbitration, Conciliation,
Mediation, Lok Adalat and Judicial Settlement. It also includes the
difference between the Mediation and other dispute resolution
processes:

The concept of Mediation as an Alternative Dispute Resolution

Mechanism. It also includes the components relating to specific value of
Mediation process, advantages of mediation, stages in mediation,
structure of mediation, roles and function of mediator, quality of
effective mediator, ethics for mediator, mediation techniques including
communication, listening, drafting of settlement etc., nature of cases
suitable for mediation, cases not suitable for mediation, court annexed
mediation centre, rules relating to mediation framed by the Supreme
Court and High Courts. It also includes the instances of settlement of
disputes which includes Post as well as Pre-litigative stages through
mediation and the statistical information relating to settlement of cases
through Lok Adalat as well as reference and settlement of cases through
mediation process.33

Institutional Reform:

One way to greatly reduce the delay and better organize the judicial
process is the adopt ion of Information and Communication Technology
(ICT) at every level of the judiciary. One of the most evident lacunae in
the justice system is the poor strength of number of judges in the
country. In the United States of America, there are 108 judges per
million citizens, compared with a mere 12 judges per million in India. A
good star t to tackling this problem is the filling up of existing vacancies.
As of 2012, there were 273 vacancies in the High Court and 3670
vacancies in the subordinate courts. In the Supreme Court itself, 3
vacancies remain. The process can be aided by measures like the
consideration of the Parliament to increase the retirement age of High
33
http://www.legalservicesindia.com/article/article/in-search-of-true-alternative-to-existing-
justice-dispensing-system-in-india-1466-1.html
Court judges from 62 to 65. The constitution of an All India Judicial
Service is also a welcome move in this direction. As the National Legal
Mission suggests, senior law students and t rained law graduates can be
appointed as Court Managers to improve the efficiency of the system
and to address the woeful inadequacy of judicial staff. Another measure
that has been resorted to recently is the decentralization of judicial
power through the creation of a number of benches of the High Court as
suggested by the Law Commission of India in its 230th Report. This
move can be supplemented by the creation of special courts in the
subordinate level like Morning / Evening Courts and Gram
Nyayalayas.34
Adoption of ICT systems:

The Inter-operable Criminal Justice System (ICJS) is made up of two

important words “inter operable” which means “able to use and
exchange information” and “criminal justice” which is a generic term for
“the procedure by which criminal conduct is investigated, arrests made,
evidence gathered, charges brought, defenses raised, trials conducted,
sentences rendered, and punishment carried out”.

Tools and techniques of creativity and policy making for

dispensation of justice

By the method of philosophy: the judge makes use of his own

reasoning and standards of public good. Under this method, the judge
makes use of his own inner sub conscious element and gives to the
society his own notion of right and wrong, of just and unjust, of equality,
fairness and justice.35

BY JUSTI CE V. GOPALA GOWDA, Judge, Supreme Court of India STRENGTHENI NG

34

THE JUSTI CE DELI VERY SYSTEM: TOOLS AND TECHNI QUES.

35
A.M. Ahmadi, ―Judicial Process: “Social Legitimacy and Institutional Viability”, (1996)
4 SCC (Jour) 1.
By Doctrine of precedent: By the method of history, it is meant that
the judge makes use of the past decisions. He follows the doctrine of
precedent. He compares the case he has in hand with the past
decisions and makes use of the one which most closely resemble with
the one he has to decide. The doctrine of precedent is based on the
principle that like should be treated alike and that there is stability and
certainity in law. However, while dealing with the precedents, the judge
has to distinguish between those which are liberal and beneficial for
the future and those which are oppressive to the society. The judge has
to choose those precedents which best serve the purpose of the
society.36
By method of sociology: demands that within the narrow range of
choice, the judge shall search for social justice. The judge has to see
that his work leads to the attainment of social order. He has to provide
for the welfare of the society. The judge has kept the welfare of the
society as the ultimate aim of his work. He cannot attempt an action
which would not be beneficial for the society at large.37

By the method of Jurisprudence: it means that the judge makes use of

the alien jurisprudences. It is a case where the judge borrows from
other jurisprudences. While borrowing from other jurisprudences, the
judge has to make use of the similarity in laws and prevailing social
conditions of the region from where he borrows the provisions. The
judge compares the case with similar problems in other regions. 38

Interpretation: The judge is the interpreter of the community of its

sense of law and order and therefore, he must supply omissions, correct
uncertainities and harmonise results with justice through a method of
36
Cardozo points out that no system of jus scriptum has been able to escape the need of
interpretation. B. N. Cardozo., The Nature of Judicial Process 16 (Universal Law
Publishing Co. Pvt. Ltd., 7th Ed, 2008).
37
Richard H, Fallon "Strict Judicial Scrutiny," 54 UCLA Law Review 1267 (2007).
38
Chief Justice Marshall‘s decision in Marbury v. Madison, 5 U.S. (1 Cranch) 137, 163-180
(1803).
free decision. While dealing with a case, the judge is required to apply
law on the facts. While applying law he may be faced with a question of
law which requires him to interpret the various legal provisions placed
before him.While interpreting a statute, a judge can take either a literal
approach or a liberal one. In literal interpretation, the judge sticks to the
letter of the word and there is not much creativity in his job.Sometimes
when a literal approach does not give a satisfactory result that the judge
goes for the liberal interpretation of the statute. In liberal interpretation,
the judge makes use of his knowledge of various laws, the customs and
his own creativity.39

Filling up of blanks

Sometimes a judge has to do something more than just simply interpret a

statute. He may be required to correct all errors in it. He may further be
required to fill in the missing blanks in a statute. It is not possible for the
legislator to imagine each and every circumstance which could arise in
the future. While interpreting a statute, a judge may be required to
imagine what the legislator would have provided for that particular
circumstance. When a judge starts to imagine what the legislator would
have intended, he takes the place of the legislator. He has to act for the
legislator, giving sense to the statute as a whole and making up what had
been left behind. A judge cannot legislate infinitely. According to
Cardozo, “He legislates only between gaps. He fills the open spaces in
the law.” While interpreting any statute, the judge has to keep within the
restraints laid down by the legislator. The role of the judge is not of
legislating but of interpreting and applying the law. According to
Cardozo, “when the question is one of supplying the gaps in the law, it is
not of logical deductions, it is rather of social needs, that we ask the
solution.”40
39
President Lyndon B. Johnson, To fulfill These Rights, Speech at Howard University
(June4, 1965) reprinted in Kranz Rachael, Affirmative Action 16 (Facts On File, Inc., New
York, 2002).
40
B. N. Cardozo., The Nature of Judicial Process 16 (Universal Law Publishing Co. Pvt.
Ltd., 7th Ed, 2008).
Conclusion

The judiciary took a very active role while laying down the procedural
requirements required while making an arrest in the case of D.K. Basu v.
State of West Bengal.41 In this case the Apex Court laid down various
guidelines which are to be followed by the policemen while making any
arrest. The reason behind laying down such provisions was that there
were complaints of police atrocities in the police lock ups. Similarly, in
the case of Vishakha v. State of Rajasthan,42 the Supreme Court again
laid down guidelines for the safety of working women. In this case, the
instances of sexual harassment of working women at their workplace
were an issue. The Supreme Court laid down various guidelines to be
implemented by the employer for the protection of the working women.
In this case, the court even declared that the sexual harassment of the
female employees amounted to the violation of the right to work and is
discriminatory against them.
In the case of Sarla Mudgal v. Union of India,43 while dealing with the
problem of anomalies in different personal laws and people making use
of these differences to defeat the end of justice, the Supreme Court had
expressed a view that the uniform civil code should be implemented. In
this case also the judiciary tried to provide for the social requirement for
a uniform civil code which would take care of all the problems relating
to the differences in the personal laws. The Supreme Court has also laid
down certain rules to be followed when the adoption of an Indian child
is made by any foreigner. The reason behind such recommendations was
the presence of the menace of the use of young children in beggar and
slavery. These rules help in protecting the child from economic, social,
physical and sexual exploitation. Further, in the case of Association for
Democratic Reforms v. Union of India,44 the Delhi High court and on
appeal the Supreme Court has given guidelines for cleansing of the
41
AIR 1997 SC 3017
42
AIR 1997 SC 3011
43
AIR 1995 SC 1531
44
(2002) 5 Supreme Court Cases 294.
electoral process from the impact of criminals and wealth and bringing
about electoral reform in India.
Similarly, the courts have taken active parts in issues related to illegal
constructions, anomalies in school admissions, ragging at university
level (Lingdow committee report)45 and so on. The court had taken these
steps in order to ensure social justice.
The judiciary may be required to take up the role of legislators when the
legislative fails to provide sufficiently for the social requirement. This
act of judiciary is known as judicial activism. The judiciary has acquired
its activist power from its review power. The judicial activism has
played an important role in attaining social order as it satisfies the
various requirements of the society.

45
mhrd.gov.in/report-committee-frame-guidelines-students-union-elections-collegesuni...