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Jan 27, 2013

Court on its own Motion Vs UOI

Hon'ble Supreme Court of India observed as - 13.12.12 - Amarnath cave case - in terms of Article 21 of the Constitution of India, a person has a right to live with dignity and not be subjected to inhuman treatment, particularly in such places where large number of people are bound to visit because of their faith.
The absence of statutory law
occupying the field formulating effective measures to check breach of
rights is the true scope of proper administration of justice. It is the
duty of the Executive to secure the vacuum, if any, by executive orders
because its field is coterminous with that of the Legislature and where there is inaction even by the Executive, for whatever reason, the Judiciary
must step in, in pursuance of its constitutional obligation to provide solution in any case till the time the Legislature addresses the issue.
The courts have taken precaution not to pass orders even within the ambit of Article 142 of the Constitution that would amount to supplanting
substantive law but at the same time these constitutional powers cannot in
any way be controlled by any statutory provision. The absence of law and a vacuum or lacunae in law can always be supplied by judicial dictum.

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