Judicial review of executive policy decisions: a study
International Journal of Development Research
Judicial review of executive policy decisions: a study
Received 29th December, 2016; Received in revised form 17th January, 2017; Accepted 26th February, 2017; Published online 31st March, 2017
Copyright©2017, Mukund Sarda. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
In this study, the scope and ambit of judicial review of executive policy decisions has been analysed and studied in depth with the aid of several decisions of the Supreme Court. Executive policy decisions are taken with due care and caution after series of deliberations in consultation with expert bodies. Courts should not interfere unless such decisions are arbitrary, affects the right of citizens or in conflict with law or modifies any statutory provisions, even though there is no legislative sanction. Matters of economic policies or business should be left to expert bodies. Courts should not act as approval authorities for executive policy decisions. Several useful recommendations are made in line with judicial rulings and most important one relates to testing of correctness of such decisions only in Parliament and not before the courts.
