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1998 Supreme(AP) 310

UMESH C.BANERJEE, P.VENKATRAMA REDDY
ECIL Officers Association – Appellant
Versus
Government Of A. P. – Respondent


UMESH CHANDRA BANERJEE, J.

( 1 ) THE powers of the High Court under Article 226 of the Constitution is of widest possible amplitude in the matter of grant of relief, but, that power is, however, limited by its very nature, since the Court desirous of protecting the citizens constitutional rights and for strengthening the socio-economic fabric, needs to move with a degree of judicial circumspection with certain self-imposed limitations and in accordance with known principles of law. The Court needs to balance the authority of the past with the urges of the future. The essential identity of the institution that it is a Court must remain preserved so that every action of the Court is informed by fundamental norms of law and by the principles embodied in the Constitution and other sources of law. Roscopound s doctrine of flexibility of the law Courts ought to be read in consonance with the above limitations and not d hors the same. The institutional remedy as the Constitution provides must be offered and not anything beyond the same. While it is true that the Court should not hesitate or falter to exercise its jurisdiction under Article 226, in the event if it is exercised, it should





























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