17.04.’21 “Experientia docet”* *(Experience teaches)* *“A Shining beacon for the Human Rights”*

*17.04.’21 “Experientia docet”*
*(Experience teaches)*

*“A Shining beacon for the Human Rights”*

Í believe that lawmaking is an inherent and integral part of the judicial process. Even in the process of interpreting the law, a judge can develop and structure the law in such a manner so as to benefit the impoverished sections of the society. In the leading case of Kesavananda Bharati Vs State of Kerala (1973) 4 SCC 225, the Supreme Court held by a process of judicial interpretation that though there are no express words in Article 368, limiting the power to amend the constitution, that power is not an unlimited or unrestricted power and it does not entitle Parliament to amend the constitution in such a way as to alter (or) affect the basic structure of the constitution. This is undoubtedly the most remarkable instance of judicial activism. Judicial activism is a necessary and inevitable part of the judicial process. Judicial activism has opened up a new dimension of the justicing process and given new hopes to the justice starved millions of Indians.

I was convinced that in all my functions and duties in whatever walk of life I am placed, I must give my love to every human being and to try to wipe tears from every eyes and bring joy on every face. That has been my endeavour all through my judicial career and even thereafter during all these years after my retirement.”

– By *Justice* *P.N.Bhagwati, Supreme* *Court*
*(a shining beacon for human rights)*

– From: *“My Tryst with Justice” – Justice P.N.Bhagwati*
k selvaraj author mhc advt

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