If I am not mistaken, Judicial system started around 1600.AD.
The First Judges had no laws to guide them. They made laws and further enforced their orders.
Same thing is today. In areas, where there are no laws but something needs to be done, they make laws and also enforce them. They have the power to send to jail anyone who does not obey their orders.
For example, law regarding minimum service period of IAS officer should be about two years, before that they can be transferred.
At present there is no law.
So Supreme Court directed Law making body to pass such law in three months.
If no such law is passed, then Supreme Court will make a Law and will enforce it.
If the law is made, the judges will first see that the law is right or not. And then they will interpret as it should be and then they will enforce it, as per facts of each cases.
To say that judges are only interpreters of law or are only enforcers of law, is to restrict and to underestimate their powers.
The Job of Judges is to Judge and to send to jail anyone who does not obey order.
The laws are their guidelines. Some are mandatory as per their views,some are discretionary as per their views. They have the Final Say.
No law making body can tie their hands to chairs by passing laws.
They are Lords de facto. Appeals against their orders lies only to God.
Haresh Raichura
21/11/13
