11-18-2006, 10:08 PM
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--><img src='style_emoticons/<#EMO_DIR#>/sad.gif' border='0' style='vertical-align:middle' alt='sad.gif' /><!--endemo--> Respect balance of power: SC to courts
[ 19 Nov, 2006 0118hrs ISTTIMES NEWS NETWORK ]
(courts are mellowing down!)
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NEW DELHI: This Supreme Court judgment is sure to gladden the legislature and the executive, which have been complaining of frequent judicial forays into their domain.
At a time when the list of complaints is getting longer, the recent judgment of a Bench comprising Justices S B Sinha and Markandey Katju could provide a silver lining as it said: "The courts must exercise judicial restraint, and not encroach into the executive or legislative domain."
The case pertained to regularisation of employees in the sick PSU, Indian Drugs and Pharmaceuticals Ltd, which had appealed against the Uttaranchal HC order directing regularisation of daily workers.
Setting aside the HC order, the Bench ruled that creation of posts, appointment on these posts, regularisation, fixing of pay scales, continuation in service and promotions were all executive or legislative functions.
"It is highly improper for judges to step into this sphere, except in rare and exceptional cases," said Justice Katju, writing the judgment for the Bench.
Interestingly, the court also downplayed the importance of its judgments. It said mere directions of the apex court, where no law is laid down, cannot be said to be binding on high courts and cannot be cited as a precedent by others to seek similar relief.
"The Supreme Court often directs appointment of someone or regularisation of a temporary employee or payment of salary etc without laying down any principle of law. This is often done in humanitarian considerations, but this will not operate as a precedent binding on the high court," it said.
After setting aside the HC judgment, the SC dealt with subjects as diverse as unemployment, industrialisation and
starvation deaths and attempted to find a link between them.
Justice Katju said jobs could not be created by judicial orders, nor even by legislative or executive decisions but only through rapid expansion of the country's economy by means of speedy industrialisation.
"At present, the state of affairs in our country is that although the economy has progressed a little in some directions, but the truth is that this has only benefited a handful of persons while the plight of the masses has worsened," the Bench said.
Citing examples of hundreds of applicants, including graduates and post-graduates, vying for Class III or IV posts, the court said unemployment was rising and had become massive and chronic.
"Large-scale suicides by farmers in several parts of the country also shows the level of unemployment. These are the social and economic realities of the country which cannot be ignored," Justice Katju said.
But, this does not mean the courts will step into the act of providing jobs to the needy.
--><img src='style_emoticons/<#EMO_DIR#>/sad.gif' border='0' style='vertical-align:middle' alt='sad.gif' /><!--endemo--> Respect balance of power: SC to courts[ 19 Nov, 2006 0118hrs ISTTIMES NEWS NETWORK ]
(courts are mellowing down!)
RSS Feeds| SMS NEWS to 8888 for latest updates
NEW DELHI: This Supreme Court judgment is sure to gladden the legislature and the executive, which have been complaining of frequent judicial forays into their domain.
At a time when the list of complaints is getting longer, the recent judgment of a Bench comprising Justices S B Sinha and Markandey Katju could provide a silver lining as it said: "The courts must exercise judicial restraint, and not encroach into the executive or legislative domain."
The case pertained to regularisation of employees in the sick PSU, Indian Drugs and Pharmaceuticals Ltd, which had appealed against the Uttaranchal HC order directing regularisation of daily workers.
Setting aside the HC order, the Bench ruled that creation of posts, appointment on these posts, regularisation, fixing of pay scales, continuation in service and promotions were all executive or legislative functions.
"It is highly improper for judges to step into this sphere, except in rare and exceptional cases," said Justice Katju, writing the judgment for the Bench.
Interestingly, the court also downplayed the importance of its judgments. It said mere directions of the apex court, where no law is laid down, cannot be said to be binding on high courts and cannot be cited as a precedent by others to seek similar relief.
"The Supreme Court often directs appointment of someone or regularisation of a temporary employee or payment of salary etc without laying down any principle of law. This is often done in humanitarian considerations, but this will not operate as a precedent binding on the high court," it said.
After setting aside the HC judgment, the SC dealt with subjects as diverse as unemployment, industrialisation and
starvation deaths and attempted to find a link between them.
Justice Katju said jobs could not be created by judicial orders, nor even by legislative or executive decisions but only through rapid expansion of the country's economy by means of speedy industrialisation.
"At present, the state of affairs in our country is that although the economy has progressed a little in some directions, but the truth is that this has only benefited a handful of persons while the plight of the masses has worsened," the Bench said.
Citing examples of hundreds of applicants, including graduates and post-graduates, vying for Class III or IV posts, the court said unemployment was rising and had become massive and chronic.
"Large-scale suicides by farmers in several parts of the country also shows the level of unemployment. These are the social and economic realities of the country which cannot be ignored," Justice Katju said.
But, this does not mean the courts will step into the act of providing jobs to the needy.