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THINAKARAN RAJAMANI (Journalism & IT)     07 August 2013

Why can't court interfere in govt.'s policy decision

Respected Sir/Madam,

Many times I have observed SC saying that Court can't interfere in government's policy decision. The one of the best example for that is the FDI issue against which a PIL was filed by advocate ML Sharma and for which the court made a statement so.

My queries are given below:

1. What is policy decision of government?

2. What is the different between an act and policy decision?

3. Why can't court interfere in Government's policy decision?

4. Which section of Indian constitution is it said in?


Thank you in advance for clarifying my queries...



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     07 August 2013

your query is vague

THINAKARAN RAJAMANI (Journalism & IT)     08 August 2013

Respected Sir,

 

Some times I hear from supreme court that "court can't interfere in government policy decision". Recently it happened when FDI issue was brought to supreme court. Now I want to know about the "Police Decision".

 

1. What is policy decision of government?

2. What is the different between an act/law and policy decision?

3. Why can't court interfere in Government's policy decision?

4. In which section of Indian constitution is it said that "court can't interfere in government's police decision?

Kolla Gangadhar (Practicing Advocate since 1986)     08 August 2013

Policy decision of the

Kolla Gangadhar (Practicing Advocate since 1986)     08 August 2013

Policy decision of the Government  example Foregin Direct  Investment to Inida has been allowed and Indian Prliament is by majority passed a resolution in this regard. Disinvestment of Public Sectors shares is a policy decision of the Government of Inida and Indian Parliament  is by majority pssed a resolution in thisregard. Supreme Court of Inida has power  to declare Policy decision of the Goernment even  Indian Parliament  is by majority passed a resolution in this regard, when Policy decision of the Government of India is violation of the Constitution of India or violation of statutory Provisons. 

Democratic Indian (n/a)     08 August 2013

High Courts or Supreme Court can interfere if the government policy is against any fundamental right or law.

Sudhir Kumar, Advocate (Advocate)     11 August 2013

role of the judiciary is to interpret the law including constitution.  It is not expected to take place of elected Govt.  It can interefere with any decision of the Govt under article 32/226 if the same is unconsistutional.  It means that as long as Govt does not act unconstitutional it cannot be dxeclared illegal.


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