When judiciary encroaches upon the domain of the Executive, as in this case, where the learned judge disregarded the eligibility criteria and the recruitment policy of the Executive Authority and assumed the function of the Executive, it is said...
Judicial overreach
Higher judiciary deciding on Diwali fireworks, banning of use vehicles of certain make after 10 or 15 years, monitoring police investigations, denying the executive any role in the appointment of judges through collegiums, invalidating the National Judicial Appointments Commission...
One judge may accord greater significance to the need for change, while the other may accord greater significance to the need for certainty and status quo. Both types of judges act within the zone of law; neither invalidates the...
The question whether the Central Government can be held vicariously liable for the offence of rape committed by the employees of the Railways was answered in negative by relying upon the judgments in State of Rajasthan v. Vidhyawati AIR...
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