SC sets limits for itself

New Delhi, July 18 (UNI) The Supreme Court has ruled that the Constitution does not permit the court to interfere with any administrative action provided the authorities do not transgress their constitutional limits or statutory powers.

The ruling was handed down by the apex court while dismissing the petitions filed by Ekta Shakti Foundation challenging the criteria of three years experience as registered non-profit organisations for implementation of world's largest food and supplementation programme for supplying nutrition to the children of Anganwadis in Delhi under the Integrated Child Development Service (ICDS) Programme, launched in 1975.

The impugned stipulations were aimed at keeping out the contractors and caterers whose sole purpose is to make maximum profits.

The court in its judgment dated July 17 noted,"While exercising the powers of judicial review of administrative action, the court is not the appellate authority and the Constitution does not permit the court to direct or advise the executive in matter of policy or to sermonise any matter which under the Constitution lies within the sphere of the legislature or the executive, provided these authorities do not transgress their Constitutional limits or statutory power." Bench comprising Justices Arijit Pasayat and C K Thakker further observed,"The scope of judicial inquiry is confined to the question whether the decision taken by the government is against any statutory provisions or is violative of the fundamental rights of the citizens or is opposed to the provisionsof the Constitution.

Thus, the position is that even if the decision taken by the government does not appear to be agreeable to the court it can not interfere." Upholding the validity of the impugned three years'criteria by the respondent Delhi government, the court said that the court did not find any irrationality much less something which is totally out of context to justify interference.

The court also ruled that a wrong order can not be the basis for perpetuating another wrong and the right of equality does not have negative application.

"The correctness of the reasons which prompted the government in decision making,taking one course of action instead of another is not a matter of concern in judicial review and the court is not the appropriate forum for such investigation," the court concluded.

UNI AKS/SC RP VV1915