Page 19 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015

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14 of the Constitution would be the ultimate test of
all State activities proceeded to hold that the
deployment of public funds in any government
activity which is not connected with a public purpose
would justify judicial intervention. We would like to
say something more.
8. Part IV of the Constitution is as much a guiding
light for the Judicial organ of the State as the
Executive and the Legislative arms, all three being
integral parts of the “State” within the meaning of
Article 12 of the Constitution. AIR 1967 SC 1,
(1973) 4 SCC 225. A policy certainly cannot be axed
for its alleged failure to comply with any of the
provisions of Part IV. Neither can the courts charter a
course, merely on the strength of the provisions of
the said Part of the Constitution, if the effect thereof
would be to lay down a policy. However, in a
situation where the field is open and uncovered by
any government policy, to guide and control
everyday governmental action, surely, in the exercise
of jurisdiction under Article 142 of the Constitution,
parameters can be laid down by this Court consistent
with the objects enumerated by any of the provisions
of Part IV. Such an exercise would be naturally time-
bound i.e. till the legislature or the executive, as the
case may be, steps in to fulfil its constitutional role
and authority by framing an appropriate policy.”

18. In view of the aforesaid discussion, it is apparent that guidelines

and directions can be issued by this Court including a command for

compliance of guidelines and standard operating procedure issued by

Government of India, Ministry of Road Transport and Highways, till

such time as the legislature steps in to substitute them by proper

legislation. This Court can issue such directions under Article 32 read

with Article 142 to implement and enforce the guidelines which are

necessary for protection of rights under Article 21 read with Article 14

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