Courts not empowered to interfere with govt policy: SC

Supreme Court
New Delhi, April 20: The Supreme Court today (April 20) said courts can decide the legality of government decisions, but cannot substitute their views in policy matters.

A bench headed by Justice P Sathasivam said this while setting aside the Himachal Pradesh High Court's order, which had quashed the state government's decision to frame guidelines for education policy.

"The government is free to frame guidelines and court cannot interfere in it...Court cannot substitute government's view on policy matters and must sit as an appellate body on government decision," the bench said.

The court passed the order on an appeal filed by the Himachal Pradesh government challenging the high court order.

The bench said the high court was not right in interfering in the policy decisions of the government.

Chief Justice S H Kapadia had recently stated at a seminar that courts cannot behave as "super-legislatures" and that the judiciary should maintain self-restraint and respect separation of powers.


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