Gradual Implementation

The theme of ‘gradual implementation’ of law or legal principles, was also spoken about in Javed v. State of Haryana, (2003) 8 SCC 369 which held, there is no constitutional imperative that a law or policy should be implemented all at once: “when the policies have far-reaching implications and are dynamic in nature, their implementation in a phased manner is welcome for it receives gradual willing acceptance and invites lesser resistance.” Similar observations were made in Pannalal Bansilal Pitti v. State of A.P., (1996) 2 SCC 498. Imposition of a uniform law, in some areas, or subjects may be counterproductive and contrary to public purpose. “In a democracy governed by rule of law, gradual progressive change and order should be brought about.” State of Tamil Nadu v. Sabanayagam, (1998) 1 SCC 318 too emphasized discretion.

Hon’ble Justice S. Ravindra Bhat, Lalit Kumar Jain v. UoI, [Transferred Case (Civil) No. 245 of 2020].