92
helplessness
or
disability
or
socially
or
economically disadvantaged position, unable
to approach the Court for any relief, any
member
of
application
order
or
the
public
for
an
writ
in
can
maintain
appropriate
the
High
an
direction,
Court
under
Article 226 and in case of breach of any
fundamental right of such person or class of
persons,
in
this
Court
under
Article
32
seeking judicial redress for the legal wrong
or
injury
caused
to
such
person
or
determinate class of persons.” (S.P.Gupta V.
Union of India, 1981 supp SCC 87 at P.210).
Thereafter a Constitution Bench of the Supreme
Court in M.C. Mehta V. Union of India, AIR 1987 SC.
1086 has given a judicial innovation as to how the
Judges could leave their footprints on the sands of
the nation’s legal history as under:
“this
court
should
be
prepared
to
receive light from whatever source it comes,
but
it
has
to
build
up
its
own
jurisprudence, evolve new principles and lay