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live securely under the rule of law;
(b) to promote, within the proper limits
of the judicial function, the observance
and the attainment of human rights; and
(c) to administer the law impartially
among persons and between persons and
the State.”
Thus, an exercise of this kind by the court is now a
well-settled practice which has taken firm roots in
our constitutional jurisprudence. This exercise is
essential to fill the void in the absence of suitable
legislation to cover the field.
52. As pointed out in Vishaka (supra) it is the duty of
the executive to fill the vacuum by executive orders
because its field is coterminous 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.”

17. In Union of India v. Association for Democratic Reforms & Anr.

(2002) 5 SCC 294, the decisions in Vineet Narain (supra), Vishaka

(supra) and other decisions have been followed and this Court has laid

down the law that an exercise to fill the void in the absence of suitable

legislation is now a well-settled practice which has taken firm roots in

our constitutional jurisprudence. Similar is the decision in Kalyan

Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav & Anr. (2005) 3

SCC 284. In Common Cause v. Union of India (2015) 7 SCC 1, law to

the same effect has been reiterated thus :

“7. In the earlier order dated 23-4-2014 (2014) 6
SCC 552, this Court, after holding that
reasonableness and fairness consistent with Article

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