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
malady
which has infected the judicial system in India, namely, the tendency in
some courts of not exercising judicial restraint and crossing their limits ... judicial activism this Court cannot amend the law
as that would be a naked usurpation of legislative power. This Court
must exercise judicial restraint
order is vulnerable.”
(emphasis supplied)
24. Judicial review is subject to the principles of
judicial restraint and must not become unmanageable
in other aspects. (Vide ... this Court has held as under: -
“The doctrine of judicial restraint which has been
emphasised repeatedly by this Court e.g. in Aravali
Golf Club
ordinarily go into these considerations. The Court has to maintain judicial restraint and has to ordinarily defer to the opinion of the administrators, unless there ... 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
goes beyond the mandate of law, judicial precedents and discipline of
judicial restraint. This does amount to over stepping adjudicatory liberty
of expression exercised ... judicial
review or under the writ jurisdiction. Though no restriction can be
imposed upon judicial functioning except guidelines on judicial strictures
and judicial precedents, since
goes beyond the mandate of law, judicial precedents and discipline of
judicial restraint. This does amount to over stepping adjudicatory liberty
of expression exercised ... judicial
review or under the writ jurisdiction. Though no restriction can be
imposed upon judicial functioning except guidelines on judicial strictures
and judicial precedents, since
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
wholly unconnected judicial proceedings. In doing so he
transgressed all bounds of judicial propriety. In doing so
he transgressed all bounds of judicial propriety ... judiciary. The observations,
insinuations and aspersions lack courtesy and good faith.
Judicial restraint has been thrown to the winds. It is
unbecoming of a Judge
