LAWS(SC)-2014-11-6

CENSUS COMMISSIONER Vs. R KRISHNAMURTHY

Decided On November 07, 2014
Census Commissioner Appellant
V/S
R Krishnamurthy Respondents

JUDGEMENT

(1.) The present appeal depicts and, in a way, sculpts the non-acceptance of conceptual limitation in every human sphere including that of adjudication. No adjudicator or a Judge can conceive the idea that the sky is the limit or for that matter there is no barrier or fetters in one's individual perception, for judicial vision should not be allowed to be imprisoned and have the potentiality to cover celestial zones. Be it ingeminated, refrain and restrain are the essential virtues in the arena of adjudication because they guard as sentinel so that virtuousness is constantly sustained. Not for nothing, centuries back Francis Bacon BACON, Essays: Of Judicature in I The Works of Francis Bacon (Montague, Basil, Esq. ed., Philadelphia: A Hart,

(2.) Almost half a century back Frankfurter, J. FRANKFURTEER, Felix in Clark, Tom C., Mr. Justice Frankfurter: A Heritage for all Who Love the Law 51 A.B.A.J. 330, 332 (1965) sounded a note of caution:-

(3.) In this context, it is seemly to reproduce the warning of Benjamin N. Cardozo in The Nature of the Judicial process Yale University Press 1921 Edn., Pg- 114 which rings of poignant and inimitable expression:-