PLD 2013 SC 255 — Law vs. Personal Wisdom
The Doctrine of Judicial Restraint and Rule of Law
Foundation of Governance
In PLD 2013 SC 255, the Supreme Court reaffirmed that a court cannot pass an order based on its own vision, perception, or wisdom. It is obligated to render decisions strictly in accordance with law—and law alone.
Core Legal Principles
Constitutional Boundaries
Courts are creatures of the Constitution and statute; authority must operate within the four corners of law.
Statutory Primacy
Personal notions of fairness or morality cannot override statutory provisions.
Predictability
This principle ensures stability and neutrality in judicial decision-making.
Importance for Constitutional Jurisdiction
Under Articles 184(3) and 199, even constitutional courts cannot invent remedies unsupported by law. Relief must be grounded in enforceable legal rights.
Application in Specific Matters
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01
Service Law: Courts cannot reinstate employees on compassionate grounds if rules do not permit it.
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02
Criminal Law: Acquittals or convictions must be based on evidence and legal standards—not moral impressions.
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03
Administrative Law: Courts cannot substitute their opinion for that of a competent authority unless illegality is established.