belong to another organ of the State.
18. Judges must exercise judicial restraint and must not encroach into the
executive or legislative domain vide Indian ... view to see that judicial activism does not become
judicial adventurism, the courts must act with caution and proper restraint.
They must remember that judicial
declare a
statute to be unconstitutional, it should exercise great judicial restraint in this
connection. This requires clarification, since, sometimes Courts are
perplexed ... Holmes, Brandeis, and Frankfurter resolved
by Thayer's doctrine of judicial restraint".
We respectfully agree with the views expressed above, and endorse Thayer
functions of another
organ of the State. The courts must exercise judicial restraint in this
connection. The tendency in some courts/tribunals to legislate ... exercise of powers by the
legislature and executive is subject to judicial restraint, the
only check on our own exercise of power is the self
executive and legislative branches of the
Government is subject to judicial restraint, the only
check upon our exercise of power is our own sense ... recognition of the limits of judicial review, a respect for
the boundaries of legislative and judicial functions, and the judicial
responsibility to guard the trespass
power
will be struck down.
7. The modern trend points to judicial restraint in
administrative action. The Court does not sit as a Court ... been taken
purely on public interest, the court ordinarily
should exercise judicial restraint.”
17. In Tata Cellular (supra), this Court referred to the
limitations relating
SCALE (1)527
ACT:
Practice and Procedure: Judicial restraint--Need
for--High Court Judge making derogatory remarks criticising
counsel, parties or witnesses--Such remark ... were no valid grounds.
Allowing the appeal, this Court,
HELD: 1. Judicial restraint and discipline are as neces-
sary to the orderly administration of justice
Supreme Court
observed: (1) The modern trend points to judicial restraint in administrative
action. (2) The Court does not sit as a court of appeal ... justifiably certain that he is
right. Judicial humility should therefore prevail over judicial activism in
this respect. Judicial restraint is consistent with and complementary
sometimes brakes to its self-motion, described in
judicial parlance as judicial self-restraint. In particular, Courts must not
legislate or perform executive functions ... stated by A.G. Noorani in his article on `Judicial Activism vs.
Judicial Restraint' (published in SPAN magazine of April/May, 1997
edition
Supreme Court observed :--
"(1) The modern trend points of judicial restraint in administrative action.
(2) The Court does not sit as a Court ... Garry Sturgess Philip Chubb).
70. In our opinion Judges must maintain judicial self restraint while exercising the powers of judicial review of administrative or legislative
important that Courts
should remember this and maintain judicial restraint as held by the Division
Bench of this Court in Rama Muthuramalingam v. Dy. Superintendent ... self-restraint. The judiciary must therefore exercise self-restraint and
eschew the temptation to act as a super legislature. By exercising
self-restraint it will
