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What Is India News Service
Thursday, July 20, 2006


India Intelligence Report



 

 

 

   SC Asks HC Not to Intervene on Policy

  The Supreme Court (SC) has directed all High Courts (HC) not to interfere with policy making or administrative action as the Constitution "does not permit" the court to be become the "appellate authority" to "direct or advise the Executive" on policy.
     
 

The Supreme Court (SC) has directed all High Courts (HC) not to interfere with policy making or administrative action as the Constitution "does not permit" the court to be become the "appellate authority" to "direct or advise the Executive" on policy. It also said that the courts cannot evaluate the "correctness of the reasons" for a specific action or questioning a "course of action" adopted "in decision making" as the judiciary is "not the appropriate forum for such investigation."

Instead the courts should restrict the scope of judicial enquiry to whether any government decision was against any statutory provision or in violation of fundamental rights of citizens "even if the decision taken by the government does not appear agreeable."

 

 

 

 

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