|
|
|
|
|
5th Safarul Muzaffer 1436 | Saturday, Nov 29, 2014
India

Remedy of govt's wrong policy is to disapprove it in election: SC

Monday, 15 July 2013
Comments(0)
New Delhi, July 15:

Remedy against government's unreasonable policy lies with the people who can disapprove it during elections while casting their votes, the Supreme Court observed on Monday while expressing reservation in adjudicating policy decisions.

It said that courts should maintain judicial restraint and should not encroach upon the executive or legislative domain while adjudicating government's policy decisions and should step in only when they are inconsistent with the Constitutional laws.

"If the policy of the Government, in the opinion of the sovereign, is unreasonable, the remedy is to disapprove the same during election. In respect of policy, the Court has very limited jurisdiction," a bench of justices C K Prasad and V Gopala Gowda said.

"We are conscious of the fact that there is wide separation of powers between the different limbs of the State and, therefore, it is expected of this Court to exercise judicial restraint and not encroach upon the executive or legislative domain," the bench said.

The court passed the order on a appeal filed by an NGO Kachchh Jal Sankat Nivaran Samiti, seeking its direction to Gujarat government to release more water from Sardar Sarovar Project to the District of Kutch.

"We are of the opinion that the matters affecting the policy and requiring technical expertise be better left to the decision of those who are entrusted and qualified to address the same. This Court shall step in only when it finds that the policy is inconsistent with the Constitutional laws or arbitrary or irrational," it said.

Refusing to interfere in the issue, the bench said it would amount to encroaching upon executive domain.

"Candidly speaking, we do not have the expertise to lay down policy for distribution of water within the State. It involves collection of various data which is variable and many a times policy formulated will have political overtones.

"It may require a political decision with which the Court has no concern so long it is within the Constitutional limits. Even if we assume that this Court has the expertise, it will not encroach upon the field earmarked for the executive," the bench said.

PTI

Latest News

Kalyan youth, who joined Islamic State, to be produced before NIA court ...

The 23-year-old Kalyan youth, who had joined the terror group Islamic State (IS) and was arrested af ...

Army Busts Militant Hideout in Jammu and Kashmir's Doda District, R...

Army troops today busted a militant hideout and recovered a cache of arms and ammunition in Doda dis ...

Woman constable commits suicide; kin stage...

After a woman constable from Rajpipla police station in Narmada district committed suicide earlier this week, her family members staged a pr ...

Related News

Avinash Chander to Continue as DRDO Chief 'On Contract' After ...

India's premier defence and research organisation DRDO's chief Dr Avinash Chander will retire on Nov ...

IITF: Pragati Maidan Metro stn sees zero i...

The Pragati Maidan Metro Station, which is the one closest to the India International Trade Fair venue in central Delhi, saw no cases of cri ...

HC to hear on December 1 pleas challenging...

The Bombay High Court today fixed December 1 for hearing three petitions which challenged the formation of Devendra Fadnavis-led BJP governm ...

Post new comment

To combat spam, please enter the code in the image.

Rs. 26040 (Per 10g)

Opinion Poll
Do you think introduction of grills to separate ladies and gents in RTC buses add to travel woes?
YesNoCan't say

Matrimony | Photos | Videos | Search | Polls | Archives | Advertise | Letters

© The Siasat Daily, 2012. All rights reserved.
Jawaharlal Nehru Road, Abids, Hyderabad - 500001, Telangana, India
Tel: +91-40-24744180, Fax: +91-40-24603188
contact@siasat.com