Courts cannot examine soundness and wisdom of policy: SC

By Staff
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Google Oneindia News

New Delhi, Apr 12 (UNI) In what is seen as a verdict with wide ramifications for reservation policy of the government , the Supreme Court has ruled that courts can only examine the legality of the policy and not its wisdom or soundness.

A bench comprising Justices Tarun Chatterjee and R V Raveendran has also ruled," 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 subject of judicial review." The ruling was handed down by the apex court on April 11 while setting aside the judgment of Bombay high court holding that requirement relating to certification by board in respect of film makers other than film institutes and Doordarshan amounted to hostile discrimination.

The apex court also noted," Film festivals are held to provide a platform for film makers all over the world to meet , exchange ideas, explore the possibility of co-production, market films and to broaden the vision of film makers on the other hand the object of national film awards is to encourage the production of films of aesthetic and technical excellence and social relevance, which will contribute to the understanding and appreciation of cultures of different regions of the country and promote national integration and unity." The apex court concluded by holding," A film maker can challenge an illegal exemption in favour of film Institutes and Doordarshan under clauses (f) and (g) of Regulation 10, but can not claim a similar exemption by placing reliance on such illegality. Therefore the challenge to the words" and certified by the Central Board of Film Certification" in regulation 10(d) and(e) has no merit.

The respondents have not challenged the validity of Regulation 10(f) and (g) granting exemption to films made by film institutes or films entered by Doordarshan.Therefore no relief can be granted to respondents in that behalf.

In view of foregoing we allow the appeal in part and set aside the judgement of the high court except the directions to permit entry of non- feature films in digital format." The court allowed the appeal of the Directorate of Film Festivals and others.

UNI

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