SC not to take over the role of the organs of the state
In the Constitutional Bench decision in Supreme Court Bar Association v Union of India & Another [AIR 1998 SC 1895], the Supreme Court (SC) held that wider the amplitude of the power of the SC under Article 142, the greater is the need for it to see that the power is used with restraint without pushing back the limits of the Constitution so as to function within the bounds of its own jurisdiction.
Therefore, it is not permissible for the SC to take over the role of the statutory bodies or other organs of the State and perform their functions.
The issue adjudged by the constitutional bench
The above decision was issued, when the SC was called upon to decide whether the punishment for established contempt of court committed by an Advocate can include punishment to debar the concerned advocate from practice by suspending his licence (sanad) for a specified period, in exercise of its powers under Article 129 read with Article 142 of the Constitution of India.
Reference
- Supreme Court Bar Association vs Union of India & Another [AIR 1998 SC 1895]
