Public Interest Litigation - Petitioner seeking directions
to authorities for taking various traffic safety measures to control
c occurrence of road accidents - Scope of - Held: Futile
. directions to authorities as sought for by the petitioner amounts
to legislative/executive action, which only the legislature/executive is competent to give - Judiciary cannot encroach
into the domain of the legislature/executive - The Courts must exercise judicial restraint and must not perform executive!
legislative functions - Article 21 of the Constitution must not
be used by the Courts to justify every kind of direction/grant
every kind of claim - Not only should the Court not to give
such directions because that would violate the principles of
separation of power but also because these are highly technical matters to be dealt with by the experts - Judiciary has its limits
and can not solve all the problems - The country can ill-afford
to be governed through court decrees - Moreover, adequate
provisions available under Motor Vehicles Act for controlling
the traffic and are obviously meant for road safety - Also there exists a Road Safety Council which has been suggesting
measures for road safety - If further provisions are required,
the petitioner may approach the legislature/executive - It is
clarified that the Court can certainly not amend the law - Motor
Vehicles Act, 1988 - Constitution of India, 1950 - Articles 14 and 21 - Judicial restraint - Exercise of.
Judicial activism - Legitimate/illegitimate - Held: Courts
giving wider meaning to Articles 14 and 21 of the Constitution,
in the light of new developments in the country, amounts to legitimate exercise of power - However, Courts laying down new principles of law specifically reserved for the legislature
amounts to illegitimate exercise of judicial power.
Adjudication - Held: It must be done within the system of
historically validated restraints and conscious minimisation
of Judges preferences.
Judicial activism - Scope of - Discussed .
Doctrines:
Doctrine of 'Separation of powers' - Applicability of.