“Beyond the Bench: Examining the Limits of Judicial Discretion and
the Scope for Abuse in India’s Higher Judiciary”
Dr. Shreshth Bhatnagar
Assistant Professor at St. Joseph’s College of Law, Bengaluru, India
Received: 05 December 2025; Accepted: 12 December 2025; Published: 18 December 2025
ABSTRACT
The Indian judiciary, revered as the guardian of constitutional values, often exercises wide discretionary
powers, particularly within the higher judiciary. While judicial discretion is essential for interpreting statutes
and delivering equitable justice, its unchecked use poses significant risks. This paper explores the nuanced
boundaries of judicial discretion in India's higher judiciary and investigates the potential for its abuse. Drawing
from landmark judgments, constitutional provisions, and recent instances of perceived overreach, the study
critically analyzes the balance between judicial independence and accountability. It highlights how subjective
interpretations, selective activism, and lack of institutional oversight can sometimes lead to inconsistent or
biased rulings. Moreover, the research delves into the implications of such discretion on democratic processes,
public trust, and separation of powers. By comparing judicial frameworks in other democracies and examining
recommendations from legal scholars and commissions, this paper proposes the need for structured guidelines
to ensure responsible exercise of discretion. Ultimately, the paper argues for a reimagined judicial
accountability mechanism that maintains the integrity of the bench while curbing excesses. In doing so, it
seeks to contribute to the ongoing discourse on legal reform, transparency, and the evolving role of the
judiciary in India’s democratic fabric.
Keywords: Judicial discretion, Judicial accountability, Higher judiciary, Judicial overreach, Separation of
powers
INTRODUCTION
Judicial discretion plays a fundamental role in the administration of justice, allowing judges to interpret and
apply laws in context-sensitive ways. In India’s higher judiciary, discretion enables judges to adapt legal
principles to complex and evolving societal realities. However, this discretionary power must operate within
defined limits to prevent arbitrary or biased decision-making. The balance between judicial freedom and
constraint is crucial, as unchecked discretion may lead to the abuse of power, undermining the rule of law and
public confidence in the judiciary. This study thus explores the limits of judicial discretion in India's higher
judiciary and investigates the potential for its abuse, emphasizing the need for transparent, principled
frameworks that safeguard justice without compromising judicial independence.1
Judicial discretion is the power vested in judges to interpret laws and make decisions within a framework of
legal norms, guided by their judgment and experience. In India’s higher judiciary, encompassing the Supreme
Court and High Courts, this discretionary power serves as both an essential instrument of justice and a
potential source of controversy. It allows courts to adapt legal principles to the complexities of evolving social
realities, contributing to substantive justice beyond rigid statutory interpretation. However, the broad and often
ambiguous scope of judicial discretion raises critical concerns about its limits and the potential for misuse or
Dr. Shreshth Bhatnagar is an Assistant Professor at St. Joseph’s College of Law, Bengaluru
(Email- shreshth@sjcl.edu.in)
1 See, e.g., Gag Orders and Judicial Discretion in India, Int’l J. of Fin. Mgt. & Res. (2025).
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