Constitution. One of the principles is that of judicial restraint. This
Court held that:
“73. Observance of judicial restraint is currently the mood in
England ... quash an administrative decision on its merits. These restraints
bear the hallmarks of judicial control over administrative action.
74. Judicial review is concerned with reviewing
election', the High Court would in the
exercise of judicial restraint, desist from exercising jurisdiction.
.........
xxx xxx
27. An 'election', under ... grievance, that
calls into question an election.
30. .........This exercise of judicial restraint cannot be equated with
lack of or bar of jurisdiction. Thus
taken purely in public interest, the Court ordinarily
should exercise judicial restraint. In Tata Celluar Vs. Union of
India ... Court held as
under:-
"(1)The modern trend points to judicial restraint in
administrative action.
(2) The court does not sit as a court
deducible from the above are:
(1) The modern trend points to judicial restraint in administra-
tive action.
(2) The court does ... Union of India , (1994) 6 SCC 651] there
must be judicial restraint in interfering with administrative ac-
tion. Ordinarily, the soundness of the decision taken
unconstitutional exercise of the power by the executive is
subject to judicial restraint, the only check upon our own
exercise of power by the executive ... subject to judicial
restraint. For the removal of unwise laws from the statute
books appeal lies not to the courts but to the ballot
amenable to the judicial process.”
31
18. Finally, this Court emphasised judicial
restraint by citing with approval a passage
in de Smith's Judicial ... Administrative Action (vide SCC p. 316, para
23) as under:
“Judicial self-restraint was still more
marked in cases where attempts were
made to impugn
Ashutosh Pawar vs High Court Of Madhya Pradesh on 12 January, 2018
Bench: Hemant Gupta
grounds upon which an
administrative action is subject to control by judicial
review can be classified as under:
(i) Illegality : This means the decision-maker ... from the above are:
34
(1) The modern trend points to judicial restraint in
administrative action.
(2) The court does not sit as a court
Madras Bar Association vs Union Of India on 14 July, 2021
Author: L. Nageswara Rao
judicial service is not service in the
sense of employment. The Judges are not employees. As members of
the judiciary, they exercise the sovereign judicial ... 14585 of 2011
dispensation of justice, the personality, knowledge, judicial restraint,
capacity to maintain dignity character, conduct, official as well as
personal, and integrity
