On 10th September 1949 at the Constituent Assembly Shri Jaspat Roy Kapoor [United Provinces General] spoke as follows;
“The word equitable is a very flexible one. What is equitable may not be equitable tomorrow. Equitable as I understand is something which is equitable in accordance with the existing political theories, existing accepted economical principles for the society and surely our judges and our courts of whom we have very satisfactory experience would never failed us. Have we not been that the interpretation of the same law has been different by different judges from time to time in accordance with the accepted political and economic principle of the day? Take, for instance, the case of the law of Sedition. The particular section of this law is the same now as it was ever before. But then in the year 1906 in the days of Lokmanya Tilak the interpretation of the Law of Sedition was something entirely different from what the interpretation of it is today. What was Sedition than is no merely a criticism of the Government of even a fair criticism and is not only tolerated, but even encourage now not only by the courts but even by us here. My submission is that our Judges have always interpreted laws in accordance to the needs of the Society and in accordance to the accepted political, economic and social theory of the day. To take one more illustration, the Judgments in and interpretation of Hindu Law have been changing with the changing views and needs of the Society. I need dilate further upon it now. Sir, I submit that there is no reason why should we afraid of making all these provisions justiciable.”
Comment: Court shall keep abreast of its thinking process with the march of law enacted by the legislatures some years ago.