The Constitution of India & Public Policy: A Short Note

To define the Public Policy is like beating around the bush. The concept has gain significance when used in legislation to qualify particular matter and disqualifying if found to be "oppose to public policy". Public Policy has to be understood with reference to milieu. The National policy of the Governemnt. The Governemnt is the creation of the Constitution. The Constitution is supreme to Parliament.The Public Policy is the translation of the sum total of the Constitution into practice. The concept is clear when used with reference to the particular milieu like the Public Policy of India or the Public Policy of United States of America etc; The plain reading of the Constitution of India which comprises of the Preamble, Fundamental Rights, Directive Principles of State Policy refelected into Public Policy. The legislation need not every time quote or repeat the particular Article of the Constitution to make a point of law but it is suffice to say the particular contract or section of legislation is repugnant or null and void if "oppose to public policy". The Court while deciding the issue of public policy not only search into the four corners of the Constitutional Provisions but also to its judicial decisions and the International conventions and treaties and obligations to which the Governemnt is the signatory.Searching the concept of the public policy into the four corners of legislation is deplorable act of defeating the sanctity and supremacy of the Constitution of India.

Delhi  Transport Corporation  Vs. D.T.C. Mazdoor Congress  -AIR 1991SC101 Supreme Court of India made the following observations:

... The rules, which stem from the public policy, must of necessity be laid to further the progress of the society in particular when social change is to bring about and egalitarian social order through the rule of law. In deciding a case, which may not be covered by authority courts have before them the beacon light of the trinity of the Constituion and the play of  legal light and shade must lead on the path of justice: social, economic and political. Lacking precedent, the court can always be guided by that light and the guidance thus shade by the trinity of our Constituion...