. Rejecting, therefore, the recommendations for solution of the problem arising here. as put forward by counsel for the appellants. we have to devise other measures. We are aware of our limitations : "The judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of. beauty or of , goodness •. He is to draw his inspiration from consecrated c principles. He is not to yield to· spasmodic santiment, to vague and unregulated benzvolcnce. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to 'the primordial necessity of order in social life.' Wide enough in all conscience is the field of discretion that remains."(') The difficulty we face here cannot force us to abandon the inherent ·o powers of the Court to do. "The inherent power has its roots in necessity and its breadth is co-extensive with the necessity".(2 ) Certainly, we cannot go against any statutory prescription. Had India had a developed system of class actions or popular organisation taking up public interest litigation. we could have hoped for relief otherwise than by this Court's order. We lag in this regard, although people are poor and claims are individually trivial. Legal aid to the poor has a proE cessual dimension As things stand, if each victim were remitted to an individual suit the remedy could be illusory, for the individual Joss may be. too small, a suit too prohibitive in time and money and the )-· wrong would go without redress. If there is to be relief, w~ must construct it here by simple legal engineering. Th~ Solicitor Genera L ancr-arin<? for the State of U.P. and the Union of India, informed us that legislation was about to be enacted to take F care of these situations.- If it did come, it were welcome. After all, the Legislature must show better legal concern for the small man, as this class of consumers who are wronged or deceived are on the increase. In the present case, we think that the following complex of directions will pragmatically meet the needs both of the appellants and the ranf;e of- buyers from whom higher prices were charged : G. A. The security by way of bank guarantee furnished bv · • every appellant ·will be encashed by the Registrar of the High Court and kept in short-term deposit in the State Bank of India. (I) B,njarnin C1rdozo's &The Nature .. of the Judlcial Procesc;' Yale University Press** pm~ . H **(2) Th!::> reticil B1~ic; Inherent Powers Doctrine-Text material prepared by Jim R. Carrigan-Publication of National Conege _of Th.:: State. Judiciary, U.S.A. ' .
