Sarla Sirohi vs State Of Raj. & Ors on 25 August, 2010
Author: Vineet Kothari
functioning in a negative sense, but also to
define the minimum content of the demarcated
realm of functioning. Objective definition of
function and role entails ... justifiable social and economic entitlements,
hybrid administrative bodies, private
functionaries discharging public functions, we
have to perform the oversight function with
more urgency and enlarge
come across any case so far where the functions
required to be performed by statutory functionaries had been rendered
redundant by a court by issuing ... court, as indicated
hereinbefore, ordinarily is reluctant to assume the functions of the statutory
functionaries. It allows them to perform their duties at the first
functioning in a negative sense, but also to
define the minimum content of the demarcated
realm of functioning. Objective definition of
function and role entails ... justifiable social and economic entitlements,
hybrid administrative bodies, private
functionaries discharging public functions, we
have to perform the oversight function with
more urgency and enlarge
judicial review. The function of determining whether the act of a constitutional or statutory functionary falls within the constitutional or legislative conferment of power
accept the charge of malus animus laid
against the State and its functionaries. The burden to prove the charge of
malafides is always ... must
always be remembered that in a democratic polity like ours, the functions of
the Government are carried out by different individuals at different levels
such powers and authority as may be necessary
to enable them to function as institutions of self-
government, a State Legislature shall ensure that ... Scheduled Tribes;
(vi) the power to exercise control over institutions
and functionaries in all social sectors;
1
(vii) the power to control over local plans
arbitrary and founded on mere ipse dixit of the
executive functionaries thereby offending Article 14 of
the Constitution or such policy offends other
constitutional provisions ... outstep its limit and tinker with the policy decision of the
executive function of the State. This Court, in no
uncertain terms, has sounded
adjudication of the rights of the parties is the essential judicial function. Legislature has to lay down the norms of conduct or rules which will ... sovereign functionaries. In order that rule of law permeates to fulfil constitutional objectives of establishing an egalitarian social order, the respective sovereign functionaries need free
rule of law, it is imperative that all actions
of every public functionary in whatever sphere
must be guided by reason and not humour,
whim ... power. Action of renewability should be gauged
not on the nature of function but public nature
of the body exercising that function and such
action