Sunday 5 February 2012

Judicial review Of Administrative Decision

Directorate Of Film Festivals & ... vs Gaurav Ashwin Jain & Ors on 11 April, 2007
Author: R V Raveendran
Bench: T Chatterjee, R V Raveendran
Appeal (civil) 1892 of 2007
Directorate of Film Festivals & Ors
Gaurav Ashwin Jain & Ors
DATE OF JUDGMENT: 11/04/2007
Tarun Chatterjee & R V Raveendran
The scope of judicial review of governmental policy is now well defined. Courts do not and cannot act as Appellate Authorities examining the correctness, suitability and appropriateness of a policy. Nor are courts Advisors to the executive on matters of policy which the executive is entitled to formulate. The scope of judicial review when examining a policy of the government is to check whether it violates the fundamental rights of the citizens or is opposed to the provisions of the Constitution, or opposed to any statutory provision or manifestly arbitrary. Courts cannot interfere with policy either on the ground that it is erroneous or on the ground that a better, fairer or wiser alternative is available. Legality of the policy, and not the wisdom or soundness of the policy, is the subject of judicial review [vide : Asif Hameed v. State of J&K - 1989 Supp (2) SCC 364; Shri Sitaram Sugar Co. Ltd., v. Union of India - 1990 (3) SCC 223; Khoday Distilleries v. State of Karnataka - 1996 (10) SCC 304, Balco Employees Union v. Union of India - 2002 (2) SCC 333), State of Orissa vs. Gopinath Dash - 2005 (13) SCC 495 and Akhil Bharat Goseva Sangh vs. State of Andhra Pradesh - 2006 (4) SCC 162].
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