N.V. Habeebu Rahman vs State Of Kerala on 17 September, 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.