Reasons should be assigned by the authorities in support of the order

Maya Devi v. Raj Kumari Batra   (2010) 9 SCC 486  (Supreme Court)

Reasons should be assigned by the authorities in support of the order. We may gainfully refer here para 22 and 28 of the judgment which read as follows:

“22. The juristic basis underlying the requirement that courts and indeed all such authorities, as exercise the power to determine the rights and obligations of individuals must give reasons in support of their orders has been examined in a long line of decisions rendered by this Court. In Hindustan Times Ltd. v. Union of India : 1998 (2) SCC 242 the need to give reasons has been held to arise out of the need to minimise chances of arbitrariness and induce clarity. ………………………………………………………………………………………….

  1. It is in the light of the above pronouncements unnecessary to say anything beyond what has been so eloquently said in support of the need to give reasons for orders made by courts and statutory or other authorities exercising quasi-judicial functions. All that we may mention is that in a system governed by the rule of law, there is nothing like absolute or unbridled power exercisable at the whims and fancies of the repository of such power. There is nothing like a power without any limits or constraints. That is so even when a court or other authority may be vested with wide discretionary power, for even discretion has to be exercised only along well-recognised and sound juristic principles with a view to promoting fairness, inducing transparency and aiding equity.”

 

Advertisements
This entry was posted in Legal Propositions, Reasoned Order, Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s