Uttarakhand Jan Morcha', AIR 1999 SUPREME COURT 2193, the Supreme Court has imposed restriction on Judicial creativity saying that, no doubt, role of the judiciary has been expanded to newer dimensions in recent past, but that is no justification for using judicial power for imposing such unbearable burden on the State which in turn would be compelled to extract money out of common man's coffers to meet such massive financial burden. Suffice it to say that the above direction issued by the High Court cannot stand judicial scrutiny and it is hereby set aside. Byomkesh bakshi full movie online. Often a question arose for discussion that – Whether the judges are as competent as the legislators to meet out the needs, requirements and aspirations of the people? Judges have limited scope in law making. In this respect, three things need to be kept in mind.

Stare decisis and techniques of legal reasoning and legal argument. There are a number of tools and techniques available to the lawyer. (Judicial Precedent). Judicial creativity is basis of judges. A theoretical issue which casts doubt over precedent as a limit to judicial creativity is. Constitutional tools such. Here, too, to judicial interpretation of legislation. When referring to this obligation to promote the Constitution I shall, for convenience, simply refer after this to the relevant section by number ie s 39(2). The limitations clause is in s 36(1). This section is not part of the Bill but for the present nothing turn on that.

Firstly, if the judges are considered sufficiently qualified to correctly decide upon the morality of the people then there is no reason to consider them incompetent to gauge the needs of the people in law making. Secondly, how much effort do the legislators actually expend in understanding the true needs of the people and the social implications of the law. It is not unknown that now a days bureaucrats prepares draft of the proposed legislation and without any serious discussion in the house, same are passed as usual. Thirdly, judges rarely create a law from scratch; their legislative role is largely restricted to filling up the gaps in the law.

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'The Judge is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of beauty or of goodness.' - Cardozo (The Nature of the Judicial Process, page 141).

Further he went on to say that:-- He is to draw his inspiration from settled principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence.

He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to 'promotional necessity of order in the social life.' According to Cardozo 'the great generalities of the Constitution'.and 'the content of which has been and continues to be supplied by courts from time to time.' He had further opined that constitutional provisions which 'have a content and a significance that vary from age to age'. Benjamin Cardozo, opined that. In Bengal Immunity Company Limited v. State of Bihar, (AIR 1955 SC 661), the Supreme Court has observed that it was not bound by its earlier judgments and possessed the freedom to overrule its judgments when it thought fit to do so to keep pace with the needs of changing times.

The acceptance of this principle ensured the preservation and legitimation provided to the doctrine of binding precedent, and therefore, certainty and finality in the law, while permitting necessary scope for judicial creativity and adaptability of the law to the changing demands of society. There is no law on social disorder called Sexual harassment of a woman at work place. The Apex Court in Vishaka V. State of Rajsthan (AIR 1977 SC 3011), created law of the land observing that the right to be free from sexual harassment is a fundamental right under Articles 14, 15 & 21 of the Constitution. It has been 10 years since the Hon’ble Supreme Court issued Vishaka guidelines regarding sexual harassments but still a draft bill on the subject is waiting for enactment. As per these guidelines, every organization, whether Government or Public, is to have an Internal Complaints Committee to investigate complaints regarding sexual harassment at workplace. A code of conduct is prepared for all employees and that should be incorporated in the service rules/standing instructions.