The Supreme Court ruled no government or authority, including the “Chief Justice”, has any “unfettered discretion” or “unaccountable action” .It said that any such exercise is subject to judicial review.

A bench of justices R V Raveendran and Markandeya Katju held that in a democracy where the rule of law prevails, even the prerogative power is subject to judicial review.

Justice Raveendran, writing the judgement, said that where rule of law prevails, there is nothing like unfettered discretion or unaccountable action. Even prerogative power is subject to judicial review, but to a very limited extent.

The apex court passed the ruling while upholding an appeal filed by West Bengal government challenging a decision of the Calcutta High Court Chief Justice to grant additional pay benefits to about 50 employees of the high court even though the government rules did not permit them.