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Keep off policy decisions, Bench asks courts

New Delhi: Courts must not interfere with policy decisions. These must be left to the government which alone can decide what should be adopted after considering all aspects, the Supreme Court has held.

“In the matter of policy decisions or exercise of discretion by the government, so long as infringement of fundamental right is not shown, courts will have no occasion to interfere. The court will not and should not substitute its own judgment for the judgment of the executive in such matters,” said a Bench comprising Justices Arijit Pasayat, C. K. Thakker and L. S. Panta.

Writing the judgment, Justice Pasayat said: “In matters of policy decisions, the scope for interference is extremely limited.” In assessing the propriety of a decision, the court could not interfere even if a second view different from that of the government was possible.

In the instant case, the Uttar Pradesh government created a new district, Baghpat. Acting on a petition challenging the notification, the Allahabad High Court asked the State to reconsider its decision.

In its appeal against this judgment, the government said the High Court’s approach was clearly erroneous. In matters of policy decision such as creation of a district or State, the High Court should not have interfered, that too on wholly irrelevant grounds.

On behalf of the respondents, it was submitted that a district should not be created routinely and the High Court rightly took note of several factors.

Allowing the State’s appeal, the Bench said: “The Cabinet decision was taken nearly eight years ago and [it] appears to be operative. That being so, there is no scope for directing reconsideration.”

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