|
|
|
|
|
15th Rajabul Murajab 1436 | Monday, May 04, 2015
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

Israeli veterans group slams army conduct in Gaza war

A group of veteran Israeli combatants today slammed the army's conduct during the 2014 Gaza war, usi ...

Egypt's deposed autocrat Mubarak turn...

Egypt's deposed longtime autocrat Hosni Mubarak celebrated his 87th birthday today by waving to some 100 supporters gathered outside of the ...

Up to 7,000 migrants held in Libya, says o...

Thousands of illegal migrants who have tried to reach Europe from conflict-plagued Libya are being held in detention centres in the North Af ...

Related News

Its over: Indian rescue teams to be withdrawn from Nepal

India will be bringing back its rescue teams from Nepal after the Himalayan nation asked all such te ...

Woman IFS officer, her team attacked for checking illegal mining

A woman IFS officer and her team were allegedly attacked for trying to stop illegal mining in Rampur ...

Kerala: Top IPS official caught cheating in LLM exam

T.J Jose, Inspector General of Police of Thrissur range has been reportedly caught cheating in the L ...

Post new comment

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

Rs. 26460 (Per 10g)

Opinion Poll
Do you think the relief pouring in for Nepal earthquake victims, is sufficient?
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