Courts told not to act as super legislative body

Courts told not to act as super legislative body

 "The Courts do not substitute their views in the decision of government with regard to policy matters. In fact, the court must refuse to sit as an appellate authority or super legislature to weigh the wisdom of legislation or policy decision of the government unless it runs counter to the mandate of the Constitution," a Bench of Justices P Sathasivam and B S Chauhan said.

The court allowed an appeal filed by the state government challenging the Himachal Pradesh High Court's order which had quashed the cabinet's decision to frame guidelines for education policy.

In a judgment, reinforcing the Constitutional’s principle of separation of power, the Bench said that the Courts must recognize government’s mandate to take a final call on policy decisions.

"With regard to the importance of human resources, especially manpower requirement in various professional and technical fields, the government is free to frame its policy, alter or modify the same as to the needs of the society. In such matters, the courts cannot interfere lightly as if the government is unaware of the situation,” the court said.

The state government approached the apex Court after the HC set aside its decision restraining private education institutes from running the course in three streams on the ground that those were no longer relevant in modern day context. 

The private institutes had approached the High Court challenging the government’s order.
The Bench quashed the HC order saying that the government is best suited to frame a policy in this regard.