Shabihul Hasnain, J.;—

Heard Sarva Sri H. G. S. Parihar, Anupam Mehrotra, Ramesh Pandey, Sanjay Misra, Manjeev Shukla, Pt. S. Chandra and N. B. Singh for the petitioners.

It was generally agreed that arguments of these lawyers may be adopted in all the writ petitions. Matter was argued for many days and the opposite parties also replied at length.

Learned Additional Advocate General Ms. Bulbul Godiyal assisted by learned Additional Chief Standing counsel Sri Sameer Kalia and Sri R. K. S. Suryavansahi have been heard for the respondents.

"To be, or not to be: that is the question:

Whether 'tis nobler in the mind to suffer

The slings and arrows of outrageous fortune,

Or to take arms against a sea of troubles,.."

thus had cried the Prince of Denmark in 'Hamlet', a historical play by Shakespeare. The words echo the troubled conscience of the Prince who was caught in the dilemma of action and non-action. Similarly, this Court is faced with the question :-

Whether; in a vibrant democracy like India 'Judiciary' has to play the role of a helpless sleeping partner for lack of adequate legislation or to decide matters proactively for achieving the goals and objects set out in our Constitution ? This

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