Judicial Restraint Archives

Judiciary cannot create criminal offences

“Judiciary Cannot Create New Criminal Offences, Existing Laws Adequate”: SC dismisses petition seeking scrutiny of Hate Speech Laws

“The Constitution recognises the doctrine of separation of powers; it does not adopt it in its rigid or absolute form. Nonetheless, the functional demarcation between the 3 organs of the State remains fundamental.”

Case Briefs Supreme Court

Bail not an acquittal: Supreme Court sets aside Allahabad HC order that absolved four in 19-year-old’s kidnapping and murder case

The Court set aside the Allahabad High Court’s order granting bail to four accused in the kidnapping and murder of nineteen-year-old, the Court has reaffirmed that the exercise of judicial discretion must remain anchored to principle and process.

Op Eds OP. ED.

Working of Master of Roster

by Shivani Srivastava* and Ashit Srivastava**

Op Eds OP. ED.

Judicial Restraint in Tender Matters: A Perspective

by Naveen Kumar†

Case Briefs High Courts

Chh HC | Extent of Power of Judicial Review under Art. 226 of Constitution is limited in case of ‘tender’ proceedings; Judicial restraint to be exercised in administrative matters

Chhattisgarh High Court: A Division Bench of P.R. Ramchandra Menon and Parth Prateem Sahu JJ., dismissed the petition applying the principle of