YASH BHASHIN Vs. STATE

JUDGEMENT

(1.) 'We the people of India' have given to ourselves the Constitution, from the bossom of which are born three principal organs of the State viz., Legislature, Executive and Judiciary. In view of the mandate contained in the Constitution, all the three organs of the State have to function within the frontiers delineated by the Constitution itself. The legislature has to legislate the laws and the executive, which is answerable to the legislature, has to implement the said laws. Amongst others, the principal and fundamental functions of the Courts are to interpret the laws and resolve the disputes between the litigating parties, which disputes are brought before them.

(2.) Because of the disability from which certain sections of the society are suffering from viz., down-trodden class of the society, the children and women folk, and further in order to protect the environment, a national asset, the Constitutional Courts have been entertaining the petitions which are in public interest or even at times, have been taking suo-moto cognizance of the issues which have impact on large sections of the society. The Constitutional Courts have opened the doors for such proceedings for the benefit of under-privileged class of the society.

(3.) The failure on the part of the Statutory and administrative authorities in effectively implementing the statutes and carryingout the mandate of the political bosses in public interest and in accordance with the law, results in subjecting the common masses to incalculable sufferings and untold miseries. The inaction and non-performance/poor performance on the part of the statutory and administrative authorities results in depriving the basic facilities/amenities to the man on street. The amenities and the facilities which are to be provided to the people at large, have many shades. The people are approaching the courts now by filing the Public Interest Litigation complaining therein that even the basic civic facilities are not being made available to them. The products/commodities which are hazardous to human life and which endanger the environment, even though, their manufacture and circulation is banned by laws, are still available in abundance.