Divisional Manager, Aravali Golf Club & Anr. vs Chander Hass

Divisional Manager, Aravali Golf Club & Anr. vs Chander Hass - Important Supreme Court Case 2007


On 6th December, 2007, a two Judges Bench in Divisional Manager, Aravali Golf Club & Anr. vs Chander Hass & Anr. [Civil Appeal No. 5732 of 2007] held that "creation and sanction of posts is a prerogative of the executive or legislative authorities and the Court cannot arrogate to itself this purely executive or legislative function, and direct creation of posts in any organization."

Before parting with the case, the Bench observed that "in the name of judicial activism, Judges cannot cross their limits and try to take over functions which belong to another organ of the State."

It said that though "sometimes judicial activism is a useful adjunct to democracy" such as in the School Segregation and Human Rights decisions of the U.S. Supreme Court" or the decisions of the Supreme Court of India which expanded the scope of Articles 14 and 21 of the Constitution, but this "should be resorted to only in exceptional circumstances when the situation forcefully demands it in the interest of the nation or the poorer and weaker sections of society but always keeping in mind that ordinarily the task of legislation or administrative decisions is for the legislature and the executive and not the judiciary."

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

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