Sanil Narayanan vs The State Of Kerala on 20 October, 2021
16. Similarly, courts across the globe have
responded to constitutional challenges to
executive policies that have directly or indirectly
violated rights and liberties of citizens. Courts
have often reiterated the expertise of the
executive in managing a public health crisis, but
have also warned against arbitrary and irrational
policies being excused in the garb of the "wide
latitude" to the executive that is necessitated to
battle a pandemic. This Court in Gujarat Mazdoor
Sabha v. State of Gujarat [AIR 2020 SC 4601],
albeit while speaking in the context of labour
rights, had noted that policies to counteract a
pandemic must continue to be evaluated from a
threshold of proportionality to determine if they,
inter alia, have a rational connection with the
object that is sought to be achieved and are
necessary to achieve them.