Shifa S, Tamil Nadu National Law University
ABSTRACT
The subject of judicial discretion has been open to much debate and controversy, particularly with respect to its scope, limitation and judicial accountability. Through this research paper, the author aims to investigate the exercise of judicial discretion in certain legal spheres and critically analyze the jurisprudential underpinnings of the same. The paper raises and deals with the pertinent question of if judges are permitted to exercise judicial discretion. The question would be dealt with from a purely jurisprudential perspective. The author shall try to understand the scope and limitations of such discretionary exercise through the jurisprudence of certain legal scholars. Overall, this research paper seeks to contribute to a comprehensive jurisprudential understanding of judicial discretion.
