SC: Policy decisions must be left to govt

Can courts interfere with the policy decisions of the government? No says the Supreme Court.

Can courts interfere with the policy decisions of the government? No says the Supreme Court.

‘‘The scope of judicial inquiry is confined to the question whether the decision taken by the government is against any statutory provisions or is violative of the fundamental rights of the citizens or is opposed to the provisions of the Constitution,’’ a Bench of Justice Arijit Pasayat and Justice C.K. Thakker said dismissing a petition by three Delhi-based NGOs who had challenged the Delhi Government’s policy decision for implementation of the Integrated Child Development Scheme.

‘‘Thus the position is that even if the decision taken by the government does not appear to be agreeable to the court, it cannot interfere,’’ the Bench ruled.

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Maintaining that the policy decision must be left to the government as it alone can adopt which policy should be adopted after considering all points from different angles, the SC said ‘‘so long as the infringement of fundamental right is not shown courts will have no occasion to interfere and the court will not and should not substitute its own judgement for the judgement of the executive in such matter’’

The Bench also ruled out the possibility for review on the correctness of the reasons for the government to adopt a particular course of action saying ‘‘in assessing propriety of a decision of the government the court cannot interfere even if a second view is possible…’’

The Delhi Government in accordance with the Supreme Court order had framed the scheme of involving self-help groups with the aim that it would completely take over the running of the anganwadis from the NGOs. The three NGOs — Ekta Shakti foundation, Surya Society and Jay Gee society — had questioned the rational of the stipulation regarding three years experience of working as non-profit organisation.