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A Judge cannot assume the power on the basis of his individual perception or notion

Supreme Court of India Today has held that a Judge cannot assume the power on the basis of his individual perception or notion. The Division Bench of Justices Dipak Misra and Shiva Kirti Singh has further held that

“It is well settled in law that a Judge is expected to act in consonance and accord with the legal principles. He cannot assume the power on the basis of his individual perception or notion. He may consider himself as a candle of hope but application of the said principle in all circumstances is not correct because it may have the effect potentiality to affect the society. While using the power he has to bear in mind that “discipline” and “restriction” are the two basic golden virtues within which a Judge functions. He may be one who would like to sing the song of liberty and glorify the same abandoning passivity, but his solemn pledge has to remain embedded to constitution and the laws. There can be deviation”.

 Article referred: http://www.livelaw.in/judge-cannot-assume-power-basis-individual-perception-notion-sc/

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