Full Judgment Text
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PETITIONER:
DR. P. NALLA THAMBY THERA
Vs.
RESPONDENT:
UNION OF INDIA AND OTHERS
DATE OF JUDGMENT28/10/1983
BENCH:
MISRA RANGNATH
BENCH:
MISRA RANGNATH
BHAGWATI, P.N.
SEN, AMARENDRA NATH (J)
CITATION:
1984 AIR 74 1984 SCR (1) 709
1983 SCC (4) 598 1983 SCALE (2)686
CITATOR INFO :
RF 1986 SC 874 (31)
RF 1986 SC1999 (8)
RF 1987 SC 990 (12)
E 1990 SC1851 (36)
ACT:
Public Interest Litigation-Petitioner a commuter of the
Indian Railways praying for a writ of Mandamus under Article
32 of the Constitution for implementation of the several
Committee Reports, appointing a fact finding Commission to
inquire and report about the railways accidents and for
directions to comply with every provision of the Railway Act
so as not to violate Articles 19 and 21 of the Constitution-
Courts cannot give any directions to the Union of India-
Costs of Public Interest Litigation, payment of.
HEADNOTE:
Disposing off the petition, making certain observations
and expressing its inability to issue any directions, except
awarding costs, the Court.
^
HELD: 1. Giving directions in a matter like this, where
availability of resources has a material bearing, policy
regarding priorities is involved, expertise is very much in
issue is not prudent to issue any directions. Ordinarily the
powers of the court to deal with a matter such as this,
which prima facie appears to be wholly within the domain of
the Executive must be examined. [723 H, 724 A]
The Govt. have limitations, both of resources and
capacity. Yet, it is hoped that the Government and the
Administration would rise to the necessity of the occasion
and take it as a challenge to improve this great public
utility (Railways) in an effective way and with an adequate
sense of urgency. If, necessary, it shall set up a high
powered body to quickly handle the many faced problems
standing in the way. [723 G-H]
2. As the present case is a public interest litigation,
the petitioner is entitled to consolidated costs of Rs.
5,000 recoverable from the Railway Ministry of the Union
Government. [724 F-G]
3. There is hardly any scope to doubt that the
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guarantees provided in Part III of the Constitution are
Fundamental and it is the paramount obligation of the State
to ensure availability of situations, circumstances, and
environments in which every citizen can effectively exercise
and enjoy these rights. The right to life has recently been
held by the Supreme Court to connote not merely animal
existence but to have a much wider meaning-to include the
finer graces of human civilization. If these rights of the
citizens are to be ensured,
710
it is undoubtedly the obligation of the Union of India and
its instrumentalities to improve the established means of
communication in this country. [722 E-G]
3.2. The Railways are a public utility-service run on
monopoly basis. Since it is a public utility, there is no
justification to run it merely as a commercial venture with
a view to making profits. It is not known if a monopoly
based public utility should ever be a commercial venture
geared to supply the general revenue of the State but there
is no doubt that the common man’s mode of transport closely
connected with the free play of his fundamental right should
not be. [722 H, 723 A]
3.3. The Union Government should be free to collect the
entire operational cost which would include the interest on
the capital outlay out of the national exchequer. Small
marginal profits cannot be ruled out. The massive operation
will require a margin of adjustment and, therefore, marginal
profits should be admissible. [723 B-C]
3.4. On the other hand, it is of paramount importance
that the services should be prompt. The quality of the
service should improve. Travel comforts, facilities in
running trains and quality of accommodation and availability
thereof should be ensured. The Administration should remain
always alive to the position that every bonafide passenger
is a guest of the service. Ticketless travelling has to be
totally wiped out. It is this class of passengers which is a
menace to the system without any payment, these law breakers
disturb the administration and genuine passengers. Stringent
laws should be made and strictly enforced to free the
Railways from this deep rooted evil Security both of the
travelling public as also to the travelling citizens must be
provided and this means that accidents have to be avoided,
attack on the persons of the passengers and prying on their
property has to stop. Scientific improvements made in other
countries and suitable to the system in our country must be
briskly adopted. The obligations cast by the Railways Act
and the Rules under it must be complied with. [723 C-F]
3.5. At the same time, no purpose is served by placing
the blame at the doors of the Government of the day. All of
us should have realism and condour Independence has been
secured at great cost and sacrifice. It is every citizen’s
obligation to maintain it and create an environment in which
its fruits can be harvested and shared. [719 D-E]
3.6 Freedom brings responsibility. There can be no
rights without responsibilities. In our country
unfortunately individual rights have received
disproportionate emphasis without proper stress on
corresponding social obligations and responsibilities. In a
welfare State like ours the citizen is for ever encountering
public officials at various levels, regulators and
dispensers of social services and managers of State operated
enterprises. It is of utmost importance that the encounters
are as just and as free from arbitrariness as are the
familiar encounters of the rights. What is, therefore, of
paramount importance is that every citizen must get involved
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in the determined march to resurrect the society and
subordinate his will and passion to the primordial necessity
of order in
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social life. If is only in a country of that order that the
common man will have his voice heard. The dream can become a
reality if every citizen becomes aware of his duty and
before asking for enforcement of his right, volunteers to
perform his obligation. [719 E-F, 720 B-C, D, 724 E]
JUDGMENT:
ORIGINAL JURISDICTION: Writ Petition No. 8911 of 1981.
(Under article 32 of the Constitution of India)
Petitioner in Person
K.G. Bhagat, Addl. Sol. Gen., N.C. Talukdar and R.N.
Poddar for the Respondents.
The Judgment of the Court was delivered by
RANGANATH MISRA, J. The petitioner in this petition
under Article 32 of the Constitution is a resident of
Sultanbattery area in the State of Kerala and describing
himself as a commuter of the Indian Railways he has alleged
violation of fundamental rights guaranteed under Articles 19
and 21 and claims reliefs of mandamus to the Union of India
for implementing the reports of the Kunzru, Wanchoo and
Sikri Committees, appointing a fact finding Commission to
inquire and report about the numerous train accidents from
1970 onwards and for several other directions to the Union
Government and the instrumentalities connected with the
administration of the Railways. As the petition which the
petitioner, an allopathic doctor by profession, had himself
drafted and filed was unduly long and repetitive, written
submission with the assistance of counsel crystalising the
issues for determination by the Court was filed, leave to
amend the writ petition was granted and notice thereon was
issued on August 2, 1982. The petitioner alleged, inter
alia, that the Railways in this country are owned by the
Central Government and on account of failure to fulfil the
constitutional, statutory and commercial obligations by the
Railways, adequate safety protection to the passengers and
their properties is not available. The Indian Railways Act,
1890 (’Act’ for short) has prescribed several safety
measures; based upon experience, the Railway Board through
which apex body the administration is run and controlled has
also prescribed rules and issued instructions which are not
being properly implemented. The Union Government had
appointed three high powered Committees in the post-
independence period, namely, the Kunzru, Wanchoo and Sikri
Committees to investigate into the
712
affairs of the Railways with particular reference to
accidents and though detailed and useful recommendations
have been made by these committees, there has been no
adequate implementation thereof. Particular reference has
been made to the unmanned level crossings, increasing human
error as a contributing factor to accidents, non-allocation
of adequate funds for improvements, improper utilisation of
the assets and facilities, inefficiency in the
administration at different levels, prevalence and increase
of indiscipline, frequency of thefts, robberies and murders
of passengers, ineffective checking and supervisory system,
want of replacement of equipment and repairs to bridges as
also non-provision of adequate facilities to passengers.
The Joint Director (Safety) has filed a counter
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affidavit in answer to the Rule on behalf of the
respondents. It has been averred that the recommendations of
the Accidents Enquiry Committees were examined and
implemented within the limits of financial and material
resources. So far as manned level crossings are concerned
there were as many as 14471 of them as on March 1, 1982;
unmanned level crossings were provided mostly on roads where
the volume of road and train traffic was low. It has been
further pleaded that periodic review is undertaken about
manning of unmanned level crossings and opening of new level
crossings in consultation with appropriate State
Governments. Initially it used to be the obligation of the
respective State Governments to provide for such level
crossings at their cost in view of the accepted position
that at a level crossing the right of way is of the train in
preference to the traffic on the road. As that arrangement
was not working well, with effect from April 1, 1966, a
Railway Safety Work Fund has been set up and expenses are
being met out of it. From 1978 potentially hazardous
unmanned level crossings with a volume of traffic of more
than 6000 train vehicle units or poor approach visibility
are being manned in a phased manner at the cost of the
Railways and control at the gate is also being improved. As
on June 1, 1982, there were as many as 27233 unmanned level
crossings on the Railways and if all of them are to be
manned, a capital expenditure of 330 crore rupees would be
necessary and similarly an annual recurring expenditure of
Rs.44 crores will have to be met. As a measure of safety,
whistle boards have been fixed near unmanned level crossings
requiring the engine driver to whistle while approaching
such level crossings. Most of the States have framed rules
under the Motor Vehicles Act, 1939, making it obligatory for
713
drivers of motor vehicles to stop short of unmanned level
crossings, observe and then proceed. Speed breakers are
usually provided on the road approaches to all unmanned
level crossings. With a view to educating the users of the
roads wide publicity is given through newspapers, cinema
slides, commercial broadcasting and the television about the
hazards involved while negotiating unmanned level crossings.
It has been alleged that unmanned level crossings are
gradually being replaced by manned ones and improved
technical gadgets are being provided for efficient
operation. Relying on the Sikri Committee Report of 1978, it
has been submitted that the State Governments appeared to be
aware of their responsibilities in this matter and about 2/3
of the funds of the Safety Works had been utilised by March
31, 1982. While admitting that in the initial period
utilisation of funds was poor and finalisation of schemes
for over-bridges and under-bridges was slow, the situation
is claimed to have improved and in 1982-83 as many as 15
works in different States involving an expenditure of Rs.22
crores have been cleared.
Dealing with manpower, the counter-affidavit asserts
that direct recruits are given proper training required for
the respective posts and only qualified people are entrusted
with assignments. Pragmatic and scientific classification of
various posts has been made and suitable care is being taken
in this regard. So far as the locomotive drivers are
concerned, strict vision standards have been laid down and
general physical fitness is a prescribed pre-requisite.
Drivers are subjected to periodical medical examination
until the age of 45 at intervals of three years and
thereafter until superannuation every year.
Every accident, it has been averred, is thoroughly
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enquired into to fix the responsibility for it and to visit
the delinquent with proper punishment. Ordinarily such
enquiries are conducted by the administrative machinery.
Accidents involving loss of human life and properties
estimated over one lakh are earmarked for enquiry by
Commissioners of Railway Safety who as authorities appointed
under s. 4 of the Act function independently of the Railway
Administration and are under the administrative control of
the Ministry of Civil Aviation. Enquiries by the Railway
officials are stipulated to commence within three days of
the accident and are intended to be over within one week of
their commencement, while enquiries by Commissioners of
Railway Safety are also required to start within three days
and official reports are required to be made within 60 days
714
of the accident. Adequate disciplinary control is exercised
and on the findings of the enquiries, the delinquent
officials are visited with necessary punishment.
Adverting to robberies and dacoities in the running
trains, it has been pointed out that they are problems of
law and order, maintenance of which is an obligation of the
State Governments. Government Railway Police, Civil Police
and plain clothed CID officers operate for the purpose of
reducing crime and for detection. A moiety share of the cost
of GRP is borne by the Railway administration. Added to this
the Railway Protection Force is maintained to protect
consignments booked for transport as also Railway property.
The overall strength of the GRP stands at 6,740. They escort
passenger trains running at night by deploying armed guards,
provide beat patrolling at stations and waiting halls, keep
surveillance over criminals and post pickets at vulnerable
points.
With reference to improvements in the rolling stock and
required gadgets, it has been stated that the Sixth Plan for
the Railways has been termed as ’Rehabilitation Plan’.
Overaged gadgets are intended to be withdrawn subject to
availability of resources and manufacturing capacity within
the country. The Planning Commission which is an expert body
is responsible for fixing of the priorities. It has again
been pleaded that there are nearly 120000 bridges on the
Railways out of which 195 are important bridges and nearly
9400 are major bridges. It is said that every bridge is
annually inspected and continuous record is maintained in
regard to every bridge in the bridge register. On an average
400 to 600 bridges are annually built. Speed restriction is
imposed on old and weak bridges and at present there are 202
such bridges. Figures of six years between 1977 and 1983 of
the outlay on bridges have been provided which indicate
substantial sums having been set apart for the rebuilding of
bridges. It is said that the total life of 80 years for
steel work and 100 years for masonry part of the bridges
stipulated in the Railway Code is for the purpose of
provision in the Depreciation Reserve Fund. The codal life
does not have any direct relevance with the condition of a
bridge and there is no necessity of rebuilding a bridge when
its codal life is over. There has been no instance where the
work of bridge rebuilding has been postponed for lack of
funds and no accident has occurred owing to structural
failure of any bridge or girders.
715
Colour light signalling which is an improved device
less dependent on direct visibility and where signal is pre-
warned by a signal in the rear, is being provided on the
trunk and main routes on a graduated scale. Automatic
warning system has been introduced in Gaya, Mughalsarai and
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Howrah-Burdwan chord line sections on the Eastern Railway.
Due to theft of aluminium track magnets the system has been
found not very satisfactory. Experiments are being made for
evolving a design which would not be prone to theft.
The petitioner has filed a rejoinder pointing out that
the counter-affidavit clearly indicated a negative approach
on the part of the respondents to the entire matter.
According to the petitioner assistance of 500 crores of
rupees was to come during the year ending March 31, 1983 and
from out of such funds, pressing improvements like manning
the unmanned level crossings could be undertaken. Reliance
has been placed on the observations of Sikri Committee that
accidents at unmanned level crossings take a heavy toll of
human lives every year. The petitioner has pleaded for
abolition of overtime employment of safety category staff.
He has pointed out that though he asked for directions for
providing appropriate monitoring of speed of trains
particularly at accident prone spots in the track, no reply
has been given thereto in the counter-affidavit. The
strength of the GRP has been said to be totally inadequate
keeping in view the size of the Railways and volume of the
passenger traffic it handles. The petitioner has denied the
assertion in the counter-affidavit that no accident has
taken place on account for defective bridges and has pointed
out that the accident of June 6, 1981 on a river bridge in
the Bihar State was attributable to this factor only. The
petitioner has pleaded again for the introduction of the
automatic warning system and has referred to a publication
of the Directorate of Safety, Railway Board, entitled, "A
Review of Accidents on Indian Railways 1979-80", where the
introduction of automatic warning system has been suggested
to be introduced to avoid accidents. He has also pleaded for
enhancing the minimum compensation in the event of loss of
life of a passenger arising out of accidents to a sum of Rs.
75,000 by appropriate amendment of s. 82A (2) of the Act.
The petitioner has found fault with the counter-affidavit
for being silent in regard to his plea for the appointment
of Railway Inspectors to make periodical inspection of
carriages, engines, tracks, etc.
716
The lis before us is not of the ordinary type where
there are two contending parties, a claim is raised by one
and denied by the other, issues are struck, evidence is led
and the findings follow. Though the petitioner is commuter
of trains run by the Indian Railways, the writ petition is
essentially in the nature of public interest litigation and
the petitioner has attempted to voice the grievances of the
community availing the services of the Indian Railways. In
view of the recent pronouncements of this Court no objection
has been raised in the counter-affidavit and we have not
been called upon to adjudge the locus standi of the
petitioner to maintain an action like this.
Railways came to India in 1853 and the first track to
be laid was of a small length connecting the then city of
Bombay with a suburb. Through the decades that followed the
expansion was usually for considerations of trade and
commerce, troop movement and administrative convenience.
More of expansion came gradually connecting almost the
entire country through a well woven net work of Railways and
by the time the country became independent most of the
Railways had been nationalised and Railways constituted the
most important commercial activity of the Government of
India. As early as 1850-and three years before the opening
of the first Railway track, Lord Dalhousie, the then
Governor General of India had said in his minutes:
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"I trust they (the East India Company and the
Government of India) will ever avoid the error of
viewing Railways as private undertakings and will
regard them as national works, over which the
Government may justly exercise and is called upon to
exercise stringent and salutary control This control
should not be an arbitrary right of interference but a
regulated authority defined and declared by law which
is not to be needlessly or vexatiously exacted but
which, in my humble judgment, is necessary at once for
the interests of the State and for the protection of
the public." (Minutes of Lord Dalhousie, July 4, 1850).
This regard for the public interest during the pre-
independence period was often subject to the limitations
imposed by the British Capital and Management and by British
Commercial and economic interests until the Railways were
nationalised between 1925 and 1944.
717
At any rate, by 1947 when the foreign domination ended, the
Railways had emerged as the main viable and stable means of
transport and were providing the lifeline and link
throughout the length and breadth of the country. By 1955
the total length of all Indian Railways was 34705 miles and
the capital sunk was more than 900 crore rupees.
The rise in the importance of the Railways in the
national sphere has been gradual. With the expansion of the
Railways a high powered body known as the Railway Board has
come to be placed at the apex of control and with the new
set up following independence a Minister remained incharge
to administer the affairs of the Railways through the Board.
As early as 1924 by a resolution known as the Convention
Resolution of the Legislative Assembly the Railway budget
had been separated from the general budget and this
historical practice has been continued till today.
Today the Railways provide the most effective means of
transport both for passengers also for the goods traffic.
The Railways have a great impact in holding this great
country together and in promoting and running its economy.
Their contribution to the community is manifold-some seen
and others not apparently visible. Briefly stated, it is a
big force, the largest employer in the country and a
monopoly transport agency.
Before we come to deal with the specific aspects raised
in the writ petition and countered by the respondents
certain general observations need be made. The Indian
Railways are a socialised public utility undertaking. There
is at present a general agreement among writers of repute
that the price policy of such a public Corporation should
neither make a loss nor a profit after meeting all capital
charges and this is expressed by covering all costs or
breaking even; and secondly, the price it charges for the
services should correspond to relative costs. Keeping the
history of the growth of the Railways and their functioning
in view, the commendable view to accept may be that the
rates and fares should cover the total cost of service which
would be equal to operational expenses, interest on
investment, depreciation and payment of public obligations,
if any. We need not, however, express any opinion about it.
After independence, keeping to the ideologies that had
been nurtured during the period of struggle an attempt has
been made
718
for the simplification of the classes in the Railways.
Instead of first class, second class, inter class and third
class, two classes only have been maintained, namely, the
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first class and the second class besides the air-conditioned
class. In developed countries usually the classification is
higher and lower; sleeping or sitting and the like. In India
90% of the earnings in respect of passenger traffic come
from the lower class commuters.
Also after independence expansion projects have been
undertaken and many areas which have hitherto remained
unlinked and unconnected have been joined up as part of the
national lifeline. Pandit Jawahar Lal Nehru, first Prime
Minister of India had once said:
"Our final aim can only be a classless society
with equal economic justice and opportunity to all, a
society organised on a planned basis for the raising of
mankind to higher material and cultural level.....
Every thing that comes in the way will have to be
removed; gently if possible, forcibly, if necessary.
And there seems to be little doubt that coercion will
often be necessary."
This approach on principle does not appear to have been
abandoned. It is proper that this is worked out also in the
Railways and, as quickly as possible, classification
conforming to this is introduced. It is manifest that the
Indian Constitution has definitely rejected the
authoritarian form of Government and directed the State to
bring about an egalitarian social order through the rule of
law. In keeping with this mandate several guiding policies
are being indicated but implementation is not being made.
What Tolstoy remarked can relevantly be quoted as apt:
"The abolition of slavery has gone on for a very
long time. Rome abolished slavery; America abolished it
and we did, but only the words were abolished, not the
thing."
The implementing machinery has become non-functional.
This is so not only in our country. Wilfred Jenks in his
address in April 1972 to the International Law Organisation
had summed up the position thus:
719
"Throughout the world there is an acute crisis of
confidence in integrity and fairness. This crisis of
confidence lies at the heart of political instability,
economic disorder, industrial disturbance, racial and
religious conflict, cultural anarchy, youth unrest and
continuous international tension. Disruptive in all
these fields, it paralyses action to remove its
causes."
Burger, C.J. of the United States has said:
"We are approaching the status of an imperfect
society where capability of maintaining elementary
security in the streets, in the schools and for the
homes of our people is in doubt. At every stage of the
criminal process, the system cries out for change."
What has been extracted above appropriately summarises
the current situation all the world over. No purpose is
served by placing the blame at the doors of the Government
of the day. We must have realism and candour. Independence
has been secured at great cost and sacrifice. It is our
obligation to maintain it and create an environment in which
its fruits can be harvested and shared.
Freedom brings responsibility. There can be no rights
without responsibilities. In our country, unfortunately
individual rights seem to have received disproportionate
emphasis without proper stress on corresponding social
obligations and responsibilities. In a welfare State like
ours the citizen is for ever encountering public officials
at various levels, regulators and dispensers of social
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services and managers of State operated enterprises. It is
of the utmost importance that the encounters are as just and
as free from arbitrariness as are the familiar encounters of
the rights.
Edmund Burke spoke thus:
"All persons possessing a portion of power ought
to be strongly and awfully impressed with an idea that
they act in trust, and they are to account for their
conduct, in that trust to the one great master, author
and founder of society."
720
Equally apt are the observations of Lord Denning in his
address to the National Conference of the Law Society in
1980:
"When you look upon these scientific achievements,
then look back for a moment on our world today, what do
you see, Crime, increasing every where; sins,
disgraceful sins, corroding corruption, increasing
everywhere. When we see this, surely we recall the
words of 2000 years ago-what doth it profit a man if he
gains the whole world and loses his own soul."
What is, therefore, of paramount importance is that
every citizen must get involved in the determined march to
resurrect the society and subordinate his will and passion
to the primordial necessity of order in social life.
Abraham Lincoln once told his Congress:
"This country, with its institutions, belongs to
the people who inhabit it."
Such also is the position in our country. Everyone in
the country must realise this and be told the great truth
said by Lord Wright:
"The safeguard of British liberty is in the good
sense of the people."
Liver sidge v. Anderson (1942) A.C. 206
It is useful to conclude our general observations by
quoting from Robert Ingersoll:
"A Government founded on anything except liberty
and justice cannot stand. All the wrecks on either side
of the stream of time, all the wrecks of the great
cities and all the nations that have passed away-all
are a warning that no nation founded upon injustice can
stand. From the sand enshrouded Egypt, from the marble
wilderness of Athens, and from every fallen crumbling
stone of the once mighty Rome, comes a wail-as it were-
the cry that no nation founded on injustice can
permanently stand."
721
Having thus cleared the way by indicating the approach,
ordinarily the powers of the Court to deal with a matter
such as this which prima facie appears to be wholly within
the domain of the Executive, should have been examined. Lord
Simond in Shaw v. Director, Public Prosecution, has
observed:
"I entertain no doubt there remains in the Courts
of Law a residual power to enforce the supreme and
fundamental purpose of the law, to conserve not only
the safety and order, but also the moral welfare of the
State and that it is their duty to guard against
attacks which may be more insiduous because they are
novel and unprepared for."
Mathew, J. in Murlidhar Aggarwal v. State of U.P.,
indicated:
"Public policy does not remain static in any given
community. It may vary from generation to generation
and even in the same generation. Public policy would be
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almost useless if it were to remain in fixed moulds for
all time.
If it is variable, if it depends on the welfare of
the community at any given time, how are the courts to
ascertain it ! The Judges are more to be trusted as
interpreters of the law than as expounders of public
policy. However, there is no alternative under our
system but to vest this power with Judges. The
difficulty of discovering what public policy is at any
given moment certainly does not absolve the Judges from
the duty of doing so. In conducting an enquiry, as
already stated, Judges are not hidebound by precedent.
The Judges must look beyond the narrow field of past
precedents, though this still leaves open the question
in which direction they must cast their gaze."
The learned Judge then quoted with approval the famous
statement of Cardozo (The Nature of Judicial Process):
722
"No doubt there is no assurance that Judges will
interpret the mores of their day more wisely and truly
than other men. But this is beside the point. The point
is rather that this power must be lodged somewhere and
under our Constitution and laws, it has been lodged in
the Judges and if they have to fulfil their function as
Judges, it would hardly be lodged elsewhere."
The petitioner has grounded his petition on Articles 19
and 21 of the Constitution. Article 19, inter alia,
guarantees freedom of movement throughout the territory of
India and to practice any profession, to carry on any
occupation, trade or business, and Article 21 guarantees
that no person shall be deprived of his life and personal
liberty except according to procedure prescribed by law. The
petitioner has maintained that he, may every citizen of this
country for the matter of that, is entitled to demand that
the State shall provide adequate facilities and create and
maintain an environment in which the right to move freely
and carry on any business or profession would both be
practicable and feasible. Since the State maintains the
Railways which provide the link and make working out of both
these rights possible, it is contended, such facilities
should be in good shape, adequate, prompt, efficient,
economic and within the reach of the common man, free from
danger or apprehension of life. Similarly, this service must
operate efficiently for transport of goods to facilitate
business and practice of profession and trade by citizens.
There is hardly any scope to doubt that the guarantees
provided in Part III of the Constitution are fundamental and
it is the paramount obligation of the State to ensure
availability of situations, circumstances and environments
in which every citizen can effectively exercise and enjoy
those rights. The right to life has recently been held by
this Court to connote not merely animal existence but to
have a much wider meaning-to include the finer graces of
human civilization. If these rights of the citizens are to
be ensured, it is undoubtedly the obligation of the Union of
India and its instrumentalities to improve the established
means of communication in this country. Here again, however,
we need not express any opinion as we do not propose to give
any directions to the opposite parties. No dispute regarding
maintainability having been raised, that question also did
not arise for consideration.
We have said earlier that the Railways are a public
utility service run on monopoly basis. Since it is a public
utility, there is
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no justification to run it merely as a commercial venture
with a view to making profits. We do not know-at any rate it
does not fall for consideration here-if a monopoly based
public utility should ever be a commercial venture geared to
support the general revenue of the State but there is not an
iota of hesitation in us to say that the common man’s mode
of transport closely connected with the free play of this
fundamental right should not be. We agree that the Union
Government should be free to collect the entire operational
cost which would include the interest on the capital outlay
out of the national exchequer. Small marginal profits cannot
be ruled out. The massive operation will require a margin of
adjustment and, therefore, marginal profits should be
admissible.
It is of paramount importance that the services should
be prompt, efficient and dignified. The quality of the
service should improve. Travel comforts should be ensured.
Facilities in running trains should be ensured. Quality of
accommodation and availability thereof should be ensured.
The administration should remain always alive to the
position that every bona fide passenger is a guest of the
service. Ticketless travelling has to be totally wiped out.
We are of the view that it is this class of passengers which
is a menace to the system. Without any payment these law
breakers disturb the administration and genuine passengers.
Stringent laws should be made and strictly enforced to free
the Railways from this deep rooted evil. Security both to
the travelling public as also to the non-travelling citizens
must be provided and this means that accidents have to be
avoided, attack on the persons of the passengers and prying
on their property has to stop. Scientific improvements made
in other countries and suitable to the system in our country
must be briskly adopted. The obligations cast by the
Railways Act and the Rules under it must be complied with.
It is relevant to point out here that in the counter-
affidavit the respondents have denied some of the assertions
of the petitioner, yet no dispute has been generally raised
to the stand taken in the writ petition. We are alive to the
fact that Government have limitations, both of resources and
capacity, yet we hope that the Government and the
Administration would rise to the necessity of the occasion
and take it as a challenge to improve this great public
utility in an effective way and with an adequate sense of
urgency. If necessary, it shall set up a high powered body
to quickly handle the many faced problems standing in the
way. Giving directions in a matter like this where
availability of resources has a material bearing, policy
regarding
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priorities is involved, expertise is very much in issue, is
not prudent and we do not, therefore, propose to issue
directions. We, however, do hope and believe that early
steps shall be taken to implement in a phased manner the
improvements referred to in the counter-affidavit and in our
decision.
We think it proper to conclude our decision by
remembering the famous saying of Henry Peter Broughan with
certain adaptations:
"It was the boast of Augustus that he found Rome
of bricks and left it of marble. But how noble will be
the boast of the citizens of free India of today when
they shall have it to say that they found law dear and
left it cheaper; found it a sealed book and left it a
living letter; found it the patrimony of the rich and
left it the inheritance of the poor; found it the two
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edged sword of craft and oppression and left it the
staff of honesty and the shield of innocence."
It is only in a country of that order that the common
man will have his voice heard.
The dream can become a reality if every citizen becomes
aware of his duty and before asking for enforcement of his
right, volunteers to perform his obligation.
And before we part, we must record our appreciation of
the performance of the petitioner. He has taken great pains
to highlight his stand-collected a lot of relevant material
and argued his case quite well-a doctor by profession
though. As this was a public interest litigation, we direct
that he shall be entitled to consolidated cost of Rs. 5,000
recoverable from the Railway Ministry of the Union
Government unless paid within two months hence.
S R.
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