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SC warns Judges: Remain within Limits of Constitution & the Laws, show ‘Discipline’ & ‘Restriction’

July,7,2016:

Decisions a Judge take by considering himself a “candle of hope” might do more harm than good to the Society.

SC warns Lower Judiciary
SC warns Lower Judiciary

Supreme Court while warning the judiciary against judicial activism, expounded that judges should remain in the limits of the law and must not peddle with the individual perceptions and the notions of justice.

Apex Court Bench comprising of Justice Dipak Misra and Justice S.K Singh enunciated that A judge may be the one who likes to sing a song of liberty and glorifying the same abandoning passivity, but his solemn pledge has to remain embedded to Constitution and the laws.

The Supreme Court’s judgment provided a sharp mix of reprimand and cauton to the judges who cross the line between judicial functions and judicial activism.

Court expounded that if the judge considers himself or herself a “candle of hope” and take the decisions which are under the influence of such a notion, that might cause more harm than good to the society.

Setting aside HC order

Verdict was passed on the petition which was filed by the Gujarat Government which challenged an August 2012 order of the Punjab and Haryana High Court that stated that the State’s refusal to prematurely release a TADA convict, Lal Singh, was “illegal.” The High Court thus also ordered the State to release him on parole for a period of three months.

The Apex Court while setting aside High Court order stated that  it is well settled practice in law that the Judge is expected to act in consonance with law and respect the legal principles. Thus he can’t assume the powers on the basis of his own individual perception.

Apex court says verdicts influenced by judges’ notions of justice may cause more harm than good

Read Full Text Here-

Supreme Court Judgment Warning Judges Against Judicial Overreach

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One comment

  1. main problem is that laws are poorly written. these are never updated. hence, 1000 courts discuss and re-discuss same issues and give decisions based on personal opinion or extraneous factors. Each judgment has flavor of the day e.g. maintenance to wife —-following verdicts have been given 1) no maintenance if wife qualified 2) no maintenance if wife qualified AND working 3) no maintenance if wife worked prior to marriage 4) no maintenance if wife deserted 5) maintenance MUST even if wife qualified, working etc etc 2) Maintenance MUST and a jobless man must do physical labor 3) Maintenance MUST irrespective of any thing and lifelong. — and so and so on. Is this what you call justice ? is this state of affairs constitutionally defensible?
    This is known to judiciary. yet , the “overloaded” judiciary never cares about it.
    Same applies to “shared household” issue. It is being debated foolishly in every marital case despite SC landmark judgments. Lower courts don’t care a damn about SC AND HC. Each judge is a LORD in his own right.

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