Statutory power vs Judicial Review
The Supreme Court in Abdul Basit alias Raju and Ors. v. Mohd. Abdul Kadir Chaudhary and Anr. (2014) 10 SCC 754 observed:
“25. It is a well-settled proposition of law that “what cannot be done directly, cannot be done indirectly”. While exercising a statutory power a court is bound to act within the four corners of a statute. The statutory exercise of the power stands on a different pedestal than the power of judicial review vested in a court. The same has been upheld by this Court in Bay Berry Apartments (p) Ltd. v. Shoba (2006) 13 SCC 737, U.P. State Brassware Corpn. Ltd. v. Uday Narain Pandey (2006) 1 SCC 479 and Rashmi Rekha Thatoi v. State of Orissa (2012) 5 SCC 690. It is the duty of the superior courts to follow the command of the statuary provisions and be guided by the precedents and issue directions which are permissible in law.”