Saturday, July 20, 2013

SC: "Against unreasonable Policy of the Government, The remedy is to disapprove the same in Election and with the Court"

While adjudicating a Civil Appeal No.2957 / 2013 against the impugned Order of the Gujarat High Court in the matters of the distribution of water of Narmada for Kachchha District, the Hon'ble Justice of Supreme Court of India has made some landmark observation "If the policy of the Government, in the opinion of the sovereign, is unreasonable, the remedy is to disapprove the same during election. In respect of policy, the Court has very limited jurisdiction.Even if we assume that this Court has the expertise, it will not encroach upon the field earmarked for the executive. A dispute, in our opinion, shall not be appropriate for adjudication by this Court when it involves multiple variable and interlocking factors, decision on each of which has bearing on others. "

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