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This is an archive article published on August 9, 2011

Govt can’t bypass law,change policy decisions for political reasons: SC

SC verdict slams Jayalalitha for trying to change education system enforced by DMK.

In a rap for political parties,the Supreme Court ruled government cannot effect policy changes for political considerations on mere change of guard as it would be in conflict with the rule of law.

Rejecting Jayalalitha government’s bid to amend the TN Uniform System of School Education Act,2010,of the previous DMK dispensation for deferring its implementation,the apex court said once an Act has been upheld by a court,the government cannot adopt back-door methods to nullify the

effect of a judicial decision.

“Unless it is found that the act done by the authority earlier in existence is either contrary to statutory provisions,is unreasonable or is against public interest,the state should not change its stand merely because the other political party has come to power.

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“Political agenda of an individual or a political party should not be subversive of rule of law,” a three-judge bench of justices J M Panchal,Deepak Verma and B S Chauhan said in a judgement.

The apex court passed the judgement while dismissing Tamil Nadu government’s appeal challenging the Madras High Court’s direction for implementing the Act and quashing the amendment brought in by the state.

The amendment sought to defer implementation of the original Act on the plea that text books printed as part of the curriculum were of substandard quality and intended to promote the interests of DMK.

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