February 05, 2019:
On Monday, the Bench of Justices AK Sikri, S Abdul Nazeer and MR Shah of Hon'ble Supreme Court upholds the Haj Policy 2019-23, while stating that the scope of judicial review in matters of policy is limited and the Court cannot direct Executive to alter its policy to what “appears better to Courts.”
The Bench upholds the conditions concerning Private Tour Operators (PTO's) and Haj Group Organisers (HGO's) for Haj of 2019-23, while reaffirming that it is not within the realm of courts to review policy decisions taken by the Government.
Brief Facts:
Based on the rules and restrictions imposed by Saudi Arabia and India’s bilateral agreement with Saudi Arabia in that regard, the government had formulated the Haj policy. Certain conditions were imposed on the Haj Group Organisers and Private Tour Operators (PTO).
This policy laid down eligibility criteria and registration of HGOs and PTOs for ferrying Haj pilgrims from India to Saudi and back to ensure a complete package. The Petitioners in the case were aggrieved by some of these eligibility conditions imposed by the government and, therefore, approached the Supreme Court to examine the same.
Court observations:
The Apex Court has observed, “The scope of judicial review is very limited in such matters. It is only when a particular policy decision is found to be against a statute or it offends any of the provisions of the Constitution or it is manifestly arbitrary, capricious or mala fide, the court would interfere with such policy decisions.”
Supreme Court held that the scope of judicial review in matters of policy is limited and the Court cannot direct Executive to alter its policy to what “appears better to Courts.”
“It is not within the realm of the courts to go into the issue as to whether there could have been a better policy and on that parameters direct the Executive to formulate, change, vary and/or modify the policy which appears better to the court. Such an exercise is impermissible in policy matters...
...It is well accepted principle that in complex social, economic and commercial matters, decisions have to be taken by governmental authorities keeping in view several factors and it is not possible for the courts to consider competing claims and to conclude which way the balance tilts. Courts are ill equipped to substitute their decisions.”
Read Judgment @ LatestLaws.com
FEDERATION HAJ PTOS OF INDIA Vs UNION OF INDIA 04.02.2019(Downloadable PDF)
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