Vineet Narain and others, Petitioners v. Union of India and another, Respondents.

J.S. VERMA, C.J.I., S.P. BHARUCHA AND S.C. SEN, JJ.

Constitution of India, Articles 141, 32 – Supreme Court - Power to issue directions, guidelines to fill the void in the absence of suitable legislation to cover the field - Has now become well settled and well recognised practice in India.

There are ample powers conferred by Article 32 read with Article 142 to make orders which have the effect of law by virtue of Article 141 and there is mandate to all authorities to act in aid of the orders of the Supreme Court as provided in Article 144 of the Constitution. In a catena of decisions of Supreme Court, this power has been recognised and exercised, if need be, by issuing necessary directions to fill the vacuum till such time the legislature steps in to cover the gap or the executive discharges its role.

It is the duty of the executive to fill the vacuum by executive orders because its field is conterminous with that of the legislature and where there is inaction even by the executive, for whatever reason, the judiciary must step in, in exercise of its constitutional obligations under the aforesaid provisions to provide a solution till such time as the legislature acts to perform its role by enacting proper legislation to cover the field.                                                                                                                      (Source: AIR 1998 Supreme Court 889)