Abstract

A trend discernible post 1965 within the judgments of the Supreme Court is the control of discretionary powers of the government. In a society ruled via the rule of law it is essential that the person's rights must not be dependent on the whims of an official, a risk likely to arise if the government enjoys untrammelled discretion or strength. However, there is no signal of abatement of the outstanding discretionary powers of the management. One of the safeguards given to the individual in opposition to the substantial powers of the state are procedural. The Supreme Court has been exercising an energetic and a commendable role in evolving these safe-guards. 3 instances, P. L. Lakhanpal v. Union of India , Union of India v. Indo-Afghan Agencies Ltd . and State of Assam v. Bharat Kala Bhandar , represent the high water-mark of this improvement. These cases display that our Supreme Court is pretty lively in responding to the demand made upon it. It is quite vigilant in shielding individual liberty without, at the same time, unduly hampering the project of the authorities in organising a welfare state.

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