BISHWAJIT BHATTACHARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the petitioner in person.

(2.) The prayer in the writ petition is that a period of 10 years should be added to the service of the Judges of the High Court for the purpose of pension as has been done for Judges of the Supreme Court appointed under Article 124 (3) (b). We are afraid, we cannot make any such direction. There is a broad separation of powers under the Constitution and it is ordinarily impermissible for Judges to encroach into the legislative or executive domain. Judges must exercise restraint in this connection, and not do legislation, vide Union of India v. D.N.Aggarwal, AIR 1992 SC 96 in which the Supreme Court observed (vide para 14):-

(3.) In State of Jharkhand and Anr. vs. Govind Singh, JT 2004 (10) SC 349 it has been held that :-