Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Regularization-Malis engaged on daily wage basis-Later started working as tractor drivers |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Regularization - Malis engaged on daily wage basis - Later started working as tractor drivers - Regularized as Mali-Suit for regularization as tractor drivers - Dismissed by trial court with a finding of fact that there was no sanctioned post of tractor driver - First appellate court directing to create posts of tractor drivers and to regularize the plaintiffs as tractor drivers-Decree affirmed by High Court - HELD: Since there was no sanctioned post of tractor driver against which respondents could be regularized, directions of first appellate court and single Judge of High Court to create posts of tractor drivers and to regularize the plaintiffs against such posts was completely beyond their jurisdiction - Court cannot direct creation of posts - Creation and sanction of posts is the prerogative of executive or legislative authorities and Court cannot arrogate to itself this purely executive or legislative function, and direct creation of posts in any organization - Both the High Court and first appellate court acted beyond their jurisdiction in directing creation of posts of tractor drivers to accommodate the plaintiffs-Judiciary-Powers and limits of.Constitutionalism - Under the Constitution of India, Legislature, Executive and Judiciary all have their own broad sphere of operation - Ordinarily, it is not proper for any of these three organs of State to encroach upon the domain of another, otherwise delicate balance of Constitution will be upset and there will be a reaction - If there is a law, Judges can certainly enforce it, but Judges cannot create a law and seek to enforce it-Constitution of India, 1950 - Theory of separation of powers.Judiciary-Powers and limits of - Of the three organs of State, Legislature, Executive and Judiciary, only the Judiciary has power to declare limits of jurisdiction of all three organs - This is a great power and hence must never by abused or misused, but should be exercised by Judiciary with utmost humility and self-restraint-Judicial restraint is consistent with and complementary to balance of power among the three independent branches of State - It accomplishes this in two ways - First judicial restraint not only recognizes the equality of other two branches with Judiciary, it also fosters that equality by minimizing inter-branch interference by Judiciary - Second, judicial restraint tends to protect independence of judiciary - The constitutional trade-off for independence is that judges must restrain themselves from areas reserved to other separate branches - Thus, judicial restraint complements the twin, overarching values of the independence of Judiciary and the separation of powers - Judicial restraint.Judicial Activism - In the name of judicial activism, Judges cannot cross their limits and try to take over functions which belong to another organ of State - If they do so, it would be clearly unconstitutional - Judges must exercise judicial restraint and must not encroach into executive or legislative domain - It is not that judges should never be 'activist' - Sometimes judicial activism is a useful adjunct to democracy, Supreme Court expanded the scope of Articles 14 and 21 of the Constitution - This, however, should be resorted to only in exceptional circumstances when the situation forcefully demands it in the interests of the nation or the poorer and weaker sections of society but always keeping in mind that ordinarily the task of legislation or administrative decisions is for the legislature and the executive and not for the judiciary-Judicial restraint - Constitutionalism. Interim orders of superior Courts - HELD: Should not upset the delicate constitutional balance among Judiciary, Legislature and Executive. |
Judge | N/A |
Neutral Citation | 2007 INSC 1240 |
Petitioner | Divisional Manager, Aravali Golf Club & Anr. |
Respondent | Chander Hass & Anr. |
SCR | [2007] 12 S.C.R. 1084 |
Judgement Date | 2007-12-06 |
Case Number | 5732 |
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