Supreme Court has said that courts cannot direct states to implement special schemes.
New Delhi:
The Supreme Court has held that the scope of judicial review in examining government policy matters is very limited and courts cannot direct states to implement a particular policy or scheme on the grounds that there is a “better, fairer or wiser” alternative. is available. ,
The comments came while disposing of a PIL seeking planning to set up community kitchens to tackle hunger and malnutrition.
The top court refused to pass any directions in the case, saying that the National Food Security Act (NFSA) and other welfare schemes are being implemented by the Center and states.
A bench of Justices Bela M Trivedi and Pankaj Mithal said that the legality of the policy, and not the wisdom or soundness of the policy, would be the subject of judicial review.
“It is well established that the scope of judicial review in examining policy matters is very limited. The courts do not and cannot inquire into the correctness, appropriateness or appropriateness of a policy, nor can the courts interfere with the executive on matters of policy. It is advisory in nature that the executive has the right to make it. Courts cannot direct states to implement a particular policy or scheme on the ground that a better, fairer or wiser alternative is available,” the bench said.
The top court said it is open to states and union territories to ensure implementation of alternative welfare schemes.
“When the National Food Security Act (NFSA) is in place with a ‘rights based approach’ to provide food and nutrition security and when other welfare schemes under the said Act are also formulated and implemented by the Union of India and the States, the people are provided with dignity. In order to ensure access to quality food in sufficient quantities at affordable prices for living, we do not propose to give any further direction in that regard.
“We have not examined whether the concept of community kitchens is a better or wiser option for the States to achieve the objective of the NFSA, rather we leave it to the States/UTs to explore such alternative welfare schemes. Would prefer to leave it open to the extent permitted under NFSA,” the bench said.
The top court’s decision came on a PIL filed by social activists Anun Dhawan, Ishan Singh and Kunjan Singh, seeking direction to all states and union territories to prepare a scheme for community kitchens to tackle hunger and malnutrition. The demand was made.
The petition alleged that many children under the age of five die every day due to hunger and malnutrition and this situation is a violation of various fundamental rights of citizens including the right to food and life.
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