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1 - 10 of 21 (0.20 seconds)Article 226 in Constitution of India [Constitution]
Asha Sharma vs Chadigarh Administration & Ors on 30 August, 2011
14. The Apex Court in the case titled as Mrs. Asha Sharma
versus Chandigarh Administration and others, reported in 2011
AIR SCW 5636 has held that policy decision cannot be quashed
.
Netai Bag & Ors vs The State Of West Bengal & Ors on 27 September, 2000
"10. The Government is entitled to make pragmatic adjustments
and policy decisions, which may be necessary or called for under
the prevalent peculiar circumstances. The Court may not strike
down a policy decision taken by the Government merely
because it feels that another decision would have been more fair
or wise, scientific or logic. The principle of reasonableness and
nonarbitrariness in governmental action is the core of our
r constitutional scheme and structure. Its interpretation will always
depend upon the facts and circumstances of a given case.
Reference in this regard can also be made to Netai Bag v. State
of West Bengal [(2000) 8 SCC 262 : (AIR 2000 SC 3313)]."
Bhubaneswar Development Authority & ... vs Adikanda Biswal & Ors on 1 February, 2012
15. It appears that the respondents have examined all aspects
and made the decision. Thus, it cannot be said that the decision
making process is bad. The Court can not sit in appeal and
examine correctness of policy decision. The Apex Court in the
case titled as Bhubaneswar Development Authority and another
versus Adikanda Biswal and others, reported in (2012) 11 SCC
731 laid down the same principle. It is apt to reproduce para 19 of
the judgment herein:
Census Commissioner & Ors vs R.Krishamurthy on 7 November, 2014
8. The scope of judicial review and its exclusion was a subject
matter of a recent decision by three Judges of the Hon'ble Supreme
Court in Census Commissioner and others vs. R. Krishnamurthy
(2015) 2 SCC 796 and it was held that it is not within the domain of
Courts to embark upon enquiry as to whether particular public policy is
wise and acceptable or whether better policy could be evolved, Court can
only interfere if policy framed is absolutely capricious or not informed by
reasons or totally arbitrary and founded on ipse dixit offending Article 14.
Suresh Seth vs Commissioner, Indore Municipal ... on 6 October, 2005
In this context, we may refer to a three-Judge Bench decision in
Suresh Seth V. Commr., Indore Municipal Corporation, (2005) 13 SCC
287 wherein a prayer was made before this Court to issue directions for
appropriate amendment in the M.P. Municipal Corporation Act, 1956 so
that a person may be debarred from simultaneously holding two elected
offices, namely, that of a Member of the Legislative Assembly and also
of a Mayor of a Municipal Corporation. Repelling the said submission,
the Court held: (SCC pp. 288-89, para 5)
"5......In our opinion, this is a matter of policy for the elected
representatives of people to decide and no direction in this
regard can be issued by the Court. That apart this Court cannot
issue any direction to the legislature to make any particular kind
of enactment. Under out constitutional scheme Parliament and
Legislative Assemblies exercise sovereign power to enact laws
and no outside power or authority can issue a direction to enact
a particular piece of legislation.
Supreme Court Employees' Welfare ... vs Union Of India (Uoi) And Anr. on 24 July, 1989
In Supreme Court Employees'
Welfare Assn. v. Union of India (1989) 4 SCC 187 (SCC para 51)
it has been held that no court can direct a legislature to enact a
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particular law. Similarly, when an executive authority exercises a
legislative power by way of a subordinate legislation pursuant to
the delegated authority of a legislature, such executive authority
.
A. K. Roy, Etc vs Union Of India And Anr on 28 December, 1981
In A.K. Roy v. Union of India, (1982) 1 SCC 271, it was held that
no mandamus can be issued to enforce an Act which has been
passed by the legislature."
N.D. Jayal And Anr vs Union Of India And Ors on 1 September, 2003
In N.D. Jayal and Anr. V. Union of India & Ors.(2004) 9 SCC
362, the Court has observed that in the matters of policy, when the
Government takes a decision bearing in mind several aspects, the Court
should not interfere with the same.