Where there is conflict of opinion and there is no specific rule to guide the court, the court follows that opinion which is more in accordance with justice, equity and good conscience.1
Doctrine of Justice, Equity & Good Conscience would be used at absence of any Shastric Text.2
The Hon’ble Supreme Court held that, the principle of governance has to be tested on the touchstone of justice, equity and fair play and if the decision is not so based and has taken into consideration other matters, though on the face of it the decision may look legitimate, but as matter of fact, reasons are not based on values, but to achieve popular accolade, that decision cannot be allowed to operate.3
The Fundamental Rights and DPSP constitute the “Conscience” of the our Constitution. To ignore Part IV is to ignore the substenance provided for in the Constitution. They supplement each other.4
Though Transfer of Property does not apply to Punjab, the principle of equity, Justice and Good Conscience would apply to Punjab.5
