High Court of Delhi was dealing with the Public Interest Litigation seeking order or a direction in the nature of mandamus thereby directing the respondents to constitute a special commission on environment for bringing the policy on sustainable development for further directing concerned special commission to hear the matter expeditiously on day-to-day basis.
Petitioner’s Contention:
Learned counsel for the petitioner submitted that directions be issued to the Respondents to constitute a Special Commission on Environment and frame a policy for protection of the environment on the principle of ‘one person one tree’. He submitted that framing a policy is the need of the hour when the pollution is increasing and there is deterioration in the environmental conditions.
HC’s Observations:
After hearing both the sides Court stated that it is a settled law that framing policies is the domain of the Government and it is not for this Court to direct framing of any policy.
HC after referring various judgements stated that it is explicitly clear that making a policy with respect to environmental protection and/or issuing Guidelines thereunder is purely a matter of policy decision of the Government and a very complex phenomenon. It is no longer res integra that a Court will not interfere in policy making as the policies are framed based on expert knowledge of the persons concerned in the respective fields.
HC also stated that Courts are not equipped with the necessary expertise to substitute their own views and direct formulation of policies tailor-made to suit the requirements of the Petitioner in a given case. While exercising the power of judicial review, it must be kept in mind that Court cannot direct, advise or sermonise the executive in matters of policy framing, which is purely the domain of the executive under the doctrine of separation of powers.
Court also observed that Courts can certainly examine a policy or an action of the Executive, if it is unreasonable, unfair, arbitrary or unlawful or if it is unconstitutional, but cannot issue directions to frame a policy in a particular manner. There is a clear separation of power in the scheme of the Constitution of India and the duty to formulate policy is entrusted to the Executive. Predominant role of the Court is to expound and interpret the law and not to legislate.
HC Held:
After evaluating submissions made by both the parties the Court held that “this should, however, not be understood to mean that a Court would abdicate its responsibility to scrutinize and test, whether the policy in question is unreasonable, unfair or violative of the mandate of Article 14 of the Constitution of India and in case it is so found, it can certainly be struck down. In this view, prayers relating to formulation of the policy relating to environmental protection and directing that it be made on the principle of ‘one person one tree’, as suggested by the Petitioners, cannot be allowed. We, therefore, see no reason to entertain the present petition and direct the Government to frame a policy.”
Bench: Hon'ble The Chief Justice and Hon'ble Ms. Justice Jyoti Singh
Case Title: Rahul Bhardwaj & Anr. v. The State & Ors.
Case Details: W.P.(C) 14483/2021
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