CENSUS COMMISSIONER Vs. R KRISHNAMURTHY
LAWS(SC)-2014-11-6
SUPREME COURT OF INDIA
Decided on November 07,2014

Census Commissioner Appellant
VERSUS
R Krishnamurthy Respondents





Cited Judgements :-

T.HARISH RAO VS. GOVERNMENT OF A.P. [LAWS(TLNG)-2024-4-77] [REFERRED TO]
PRADIP SOMASUNDARAN VS. INSTITUTE OF HUMAN RESOURCE DEVELOPMENT AND OTHERS [LAWS(KER)-2015-10-287] [REFERRED]
VIPUL JAIN VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-10-6] [REFERRED TO]
J.DELIBARN VS. BAR COUNCIL OF INDIA [LAWS(MAD)-2019-2-310] [REFERRED TO]
MS. EERA THROUGH DR. MANJULA KRIPPENDORF VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(SC)-2017-7-8] [REFERRED TO]
ESSAR BULK TERMINAL LIMITED VS. STATE OF GUJARAT [LAWS(GJH)-2017-4-278] [REFERRED TO]
GH HYDRO POWER VENTURES PVT LTD VS. STATE OF H P & OTHERS [LAWS(HPH)-2016-10-24] [REFERRED]
UDI DEPARTMENTAL STORE VS. GOVT OF NCT OF DELHI & ANR [LAWS(DLH)-2020-9-65] [REFERRED TO]
ABDUL KAFIL VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-4-37] [REFERRED TO]
LALARAM VS. JAIPUR DEVELOPMENT AUTHORITY [LAWS(SC)-2015-12-8] [REFERRED TO]
TEACHERS RECRUITMENT BOARD VS. K.BOMMI [LAWS(MAD)-2019-1-691] [REFERRED TO]
SIKKIM MANIPAL UNIVERSITY VS. UNION OF INDIA [LAWS(SIK)-2020-1-1] [REFERRED TO]
MR. ANGU LEPCHA VS. THE DIRECTOR GENERAL, SASHASTRA SEEMA BAL [LAWS(SIK)-2016-6-1] [REFERRED]
STATE OF PUNJAB VS. ANSHIKA GOYAL [LAWS(SC)-2022-1-79] [REFERRED TO]
UNION OF INDIA VS. BHARAT FORGE LTD [LAWS(SC)-2022-8-46] [REFERRED TO]
KALPANA MEHTA AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2018-5-31] [REFERRED TO]
SRI AJAY KUMAR JAIN VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2017-7-158] [REFERRED TO]
AJIT KUMAR GIRI, SON OF BAIDYANATH GIRI, RESIDENT OF BARATOLA, P.O. DALTONGANJ COLLEGE, P.S. MEDININAGAR SADAR, DISTRICT PALAMAU VS. THE STATE OF JHARKHAND, THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT (PRIMARY EDUCATION), GOVERNMENT OF JHARKHAND, RANCHI, H.E.C. DHURWA, P.O. & P.S. DHURWA, DISTRICT RANCHI. [LAWS(JHAR)-2016-12-55] [REFERRED TO]
LEGAL HEIRS OF DECEASED GULABCHAND DEVRAJ SHAH VS. STATE OF GUJARAT THRO PRINCIPAL SECRETARY [LAWS(GJH)-2018-8-37] [REFERRED TO]
GOVINDA PRASAD LADIA VS. WBHIDC LIMITED [LAWS(CAL)-2015-5-37] [REFERRED TO]
KANCHAN CHOUDHARY VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-6-58] [REFERRED TO]
DEBTOSH NATTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-6-25] [REFERRED TO]
VIJAY LAKSHMI VS. UNION OF INDIA AND ORS. [LAWS(HPH)-2015-10-98] [REFERRED TO]
RAMESH AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-3-129] [REFERRED TO]
KARAN MAHAJAN AND ORS VS. BOARD OF CONTROL FOR CRICKET IN INDIA & ORS [LAWS(DLH)-2019-2-231] [REFERRED TO]
VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES VS. GOVT OF NCT AND ANR [LAWS(DLH)-2018-10-457] [REFERRED TO]
TARUN KUMAR BANJAREE AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2020-7-159] [REFERRED TO]
NAGALAND TRIBES COUNCIL (NTC) VS. STATE OF NAGALAND [LAWS(GAU)-2016-11-32] [REFERRED TO]
JAGDISH CHAND MEMORIAL TRUST VS. STATE OF H P [LAWS(HPH)-2017-12-119] [REFERRED TO]
SHIVAM SHARMA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-3-197] [REFERRED TO]
MAMTA SHARMA W/O SHRI SANJAY SHARMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-3-29] [REFERRED TO]
M.P.CHOTHY VS. STATE OF KERALA [LAWS(KER)-2020-9-548] [REFERRED TO]
THE COMMISSIONER, CORPORATION OF CHENNAI, RIPBON BUILDING, CHENNAI VS. B. THIRULOCHANA KUMARI AND OTHERS [LAWS(MAD)-2017-12-94] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LIMITED VS. PRABAL SHARMA [LAWS(GAU)-2021-6-18] [REFERRED TO]
SURESH CHAND GAUTAM VS. STATE OF UTTAR PRADESH [LAWS(SC)-2016-3-35] [REFERRED TO]
MARINE FINS VS. UNION OF INDIA AND ORS. [LAWS(KER)-2016-3-16] [REFERRED TO]
AJAY KUMAR JAIN VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2017-7-133] [REFERRED TO]
AARTI DHATWALIA AND OTHERS VS. STATE OF H P AND OTHERS [LAWS(HPH)-2017-4-94] [REFERRED TO]
HIMALAYAN WINE & OTHERS VS. STATE OF H P & OTHERS [LAWS(HPH)-2016-6-266] [REFERRED TO]
MOHAN DUTT & ANR VS. UNION OF INDIA & OTHERS [LAWS(HPH)-2016-9-227] [REFERRED]
STATE AND ORS. VS. RASU AND ORS. [LAWS(MAD)-2016-4-14] [REFERRED TO]
RIT FOUNDATION VS. UNION OF INDIA [LAWS(DLH)-2022-5-366] [REFERRED TO]
UJJWAL JAIN & ORS VS. UNION OF INDIA & ORS [LAWS(DLH)-2019-2-186] [REFERRED TO]
FARMSON PHARMACEUTICALS GUJARAT PVT LTD VS. UNION OF INDIA [LAWS(GJH)-2019-7-32] [REFERRED TO]
THE STATE OF WEST BENGAL & ORS. VS. DR. NAVAL PATEL & ORS. [LAWS(CAL)-2018-9-160] [REFERRED TO]
CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC SCIENCES VS. BIKARTAN DAS [LAWS(SC)-2023-8-47] [REFERRED TO]
HOTEL & BAR (FL.3) ASSOCIATION OF TAMIL NADU (HOBAT) VS. THE SECRETARY TO GOVERNMENT AND ORS. [LAWS(MAD)-2015-3-268] [REFERRED TO]
DR.VYANKATESH T ANCHINMANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-7-82] [REFERRED TO]
VIJAY PAL AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-12-123] [REFERRED TO]
SURIYUR VIVASAYIGAL PATHUKAPPU SANGAM, VS. LA BOTTLERS PRIVATE LTD [LAWS(MAD)-2018-6-152] [REFERRED TO]
SHAHEER K.K VS. RANI MOL P [LAWS(KER)-2019-3-288] [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER MUMBAI VS. STATE OF MAHARASHTRA AND ORS [LAWS(BOM)-2018-2-360] [REFERRED TO]
REENA KUMARI VS. JHARKHAND PUBLIC SERVICE COMMISSION [LAWS(JHAR)-2021-8-41] [REFERRED TO]
NARENDRA KUMAR VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-89] [REFERRED TO]
HIND RUBBER INDUSTRIES PVT. LTD. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-8-193] [REFERRED TO]
ANDHERI PURAB PASCHIM CO-OPERATIVE HOUSING SOCIETY LTD. VS. MUNICIPAL CORPORATION [LAWS(BOM)-2023-9-172] [REFERRED TO]
BHABENDRA PRADHAN & ORS. VS. STATE OF ODISHA & ORS. [LAWS(ORI)-2017-10-115] [REFERRED TO]
SHIVAM SHARMA AND OTHERS VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-2018-7-154] [REFERRED TO]
SURENDER KUMAR GUPTA VS. H.P. STATE FOREST DEVELOPMENT CORPORATION [LAWS(HPH)-2016-7-84] [REFERRED TO]
SEETHARAMANJANEYA CONSTRUCTIONS VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2018-4-16] [REFERRED TO]
TALIB HUSSAIN VS. STATE OF J&K AND ORS. [LAWS(J&K)-2016-11-1] [REFERRED TO]
SATYA NARAIN SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2024-7-33] [REFERRED TO]
RASHMI METALIKS LIMITED VS. UNION OF INDIA [LAWS(CAL)-2022-6-70] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. ELEPHANT G. RAJENDRAN [LAWS(MAD)-2023-11-88] [REFERRED TO]
SOCIAL ACTION FORUM FOR MANAV ADHIKAR AND ANOTHER VS. UNION OF INDIA MINISTRY OF LAW AND JUSTICE AND OTHERS [LAWS(SC)-2018-9-142] [REFERRED TO]
UNION TERRITORY OF LADAKH VS. JAMMU AND KASHMIR NATIONAL CONFERENCE [LAWS(SC)-2023-9-23] [REFERRED TO]
NAGRIK UPBHOKTA MARGDARSHAK MANCH VS. STATE OF M.P. [LAWS(MPH)-2017-5-76] [REFERRED TO]
PATEL NAISHADKUMAR GOPAL KRUSHNA VS. GUJARAT PUBLIC SERVICE COMMISSION [LAWS(GJH)-2016-8-55] [REFERRED TO]
SAKHARAM SHANKAR NAVASARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-3-38] [REFERRED TO]
SHIV RAM BALI VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-2017-6-104] [REFERRED TO]
MOHD. RAZAQ VS. STATE OF J. & K. [LAWS(J&K)-2017-2-13] [REFERRED TO]
KERALA COIR WORKERS WELFARE FUND BOARD VS. P K MOHANACHANDRAN PILLAI SUB OFFICER KERALA COIR WORKERS WELFARE FUND BOARD [LAWS(KER)-2018-7-785] [REFERRED TO]
TIRUPATI CYLINDERS PVT. LTD. AND ANR. VS. INDIAN OIL CORPORATION LIMITED AND ANR. [LAWS(DLH)-2017-9-168] [REFERRED TO]
STATESMAN MAZDOOR UNION VS. UNION OF INDIA THROUGH SECRETARY (LABOUR) AND ANR [LAWS(DLH)-2018-7-238] [REFERRED TO]
9X MEDIA PVT LTD & ORS VS. PRASAR BHARATI [LAWS(DLH)-2019-2-100] [REFERRED TO]
PRAKASH CHANDRA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-10-26] [REFERRED TO]
G.VIJAYAKUMAR VS. DIRECTOR GENERAL [LAWS(MAD)-2019-2-391] [REFERRED TO]
MAHENDRA BHALCHANDRA SHAH VS. MUNICIPAL CORPORATION OF GRATER BOMBAY [LAWS(BOM)-2019-6-142] [REFERRED TO]
JAGJEEVAN SINGH AND ORS. VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-5-3] [REFERRED TO]
B. SRINIVAS VS. ANDHRA PRADESH STATE CIVIL SUPPLIES CORPORATION LIMITED [LAWS(APH)-2021-3-132] [REFERRED TO]
ALL ASSAM MIDDLE ENGLISH TEACHERS ASSOCIATION VS. STATE OF ASSAM [LAWS(GAU)-2017-4-6] [REFERRED TO]
RELIEF FAMILIES WELFARE SERVICE SOCIETY AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-7-40] [REFERRED TO]
CHANDRAMALLIKA SUPPLIERS PRIVATE LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2016-10-41] [REFERRED TO]
AMIT JAIN AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2017-11-428] [REFERRED TO]
MRIGANKA SHARMA VS. OIL AND NATURAL GAS CORPORATION [LAWS(GAU)-2021-3-4] [REFERRED TO]
STATE OF KERALA VS. RANI MOL P [LAWS(KER)-2019-3-179] [REFERRED TO]
ADV THOUFEEK AHAMED VISHNU VIHAR VS. UNION OF INDIA [LAWS(KER)-2020-9-537] [REFERRED TO]
KHEMRAJ TEJAJI DESAI VS. GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION LTD [LAWS(GJH)-2022-12-200] [REFERRED TO]
DHANANJAY VERMA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-65] [REFERRED TO]
THE BIHAR LEGISLATIVE ASSEMBLY PATNA AND ORS. VS. GYANENDRA KUMAR SINGH AND ORS. [LAWS(PAT)-2015-4-11] [REFERRED TO]
STATE OF U.P. AND ORS. VS. ANIL KUMAR SHARMA AND ORS. [LAWS(SC)-2015-5-64] [REFERRED TO]
JOINT SECRETARY, POLITICAL DEPARTMENT SHILLONG VS. HIGH COURT OF MEGHALAYA [LAWS(SC)-2016-3-20] [REFERRED TO]
SURESH Y. SHINGDA VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-5-8] [REFERRED TO]
NIPUN MALHOTRA VS. SONY PICTURES FILMS INDIA PRIVATE LIMITED [LAWS(SC)-2024-7-22] [REFERRED TO]
RELIANCE TELECOM LTD. & ANR. VS. UNION OF INDIA & ANR. [LAWS(SC)-2017-1-62] [REFERRED TO]
M/S. MANGALAM ORGANICS LTD. VS. UNION OF INDIA [LAWS(SC)-2017-4-45] [REFERRED TO]


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,
late Carey & Hart, 1852), pp. 58-59. had to say thus:-

"Judges ought to be more learned than witty, more reverend than plausible, and more advised than confident. Above all things, integrity is their portion and proper virtue......Let the judges also remember that Solomon's throne was supported by lions on both sides: let them be lions, but yet lions under the throne."

(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:-
"For the Highest exercise of judicial duty is to subordinate one's personal pulls and one's views to the law of which we are all guardians-those impersonal convictions that make a society a civilized community, and not the victims of personal rule."

(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:-
"The Judge even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight errant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to 'the primordial necessity of order in social life'."



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