As per the SC decision Court cannot interfere in policy matter of state unless the policy violate the mandate of constitution

Last updated: 27 April 2012

Court :
HIGH COURT OF DELHI

Brief :
In the present case also, no obligation on the part of the respondents to frame the Rules, notwithstanding the impracticality thereof, is established. It is purely a policy matter. The Supreme Court in Kanhaiya Lal Sethia Vs. UOI (1997) 6 SCC 573 held that it is not open to a petitioner to seek a direction to the Union of India to introduce an official Bill in the Parliament or to sponsor a Private Member‟s Bill to be introduced on the subject. It was held that Courts do not interfere in policy matters of the State unless the policy violates the mandate of the Constitution or any statutory provision or is otherwise actuated by mala fides.

Citation :
SHANMUGA PATRO ....Petitioner Through: Petitioner in person.Versus MINISTRY OF FINANCE ..... Respondent Through: Mr. A.S. Chandhiok, ASG with Ms. Sweety Manchanda, Adv.