x
Help Us Guide You Better
best online ias coaching in india
2021-01-06

Download Pdf

banner

Indian Polity
www.thehindu.com

Behind the scenes:The Central Vista project site covers a 3 km-stretch from the Rashtrapati Bhavan to India Gate.SHIV KUMAR PUSHPAKAR  

The Supreme Court on Tuesday refused to treat the Central Vista project as a unique one requiring greater or “heightened” judicial review.

A majority view of the Supreme Court said the government was “entitled to commit errors or achieve successes” in policy matters without the court’s interference as long as it follows constitutional principles.

“Government may examine advantages or disadvantages of a policy at its own end, it may or may not achieve the desired objective. It is not the court’s concern to enquire into the priorities of an elected government. Judicial review is never meant to venture into the mind of the government and thereby examine validity of a decision,” the majority opinion by Justices A.M. Khanwilkar and Dinesh Maheshwari said.

The majority judgment said there was absolutely no legal basis to “heighten” the judicial review by applying a yardstick beyond the statutory scheme, especially when the government itself had accorded no special status to the project. The court said the government had gone through the ordinary route of development projects under law in the Central Vista proposal too. It was up to the government to decide whether or not to accord a unique, or sui generis , status to a project.

“Once the government decides to construct a new space for its sitting or to construct a highway or water dam or school or university and follows the procedure prescribed under law commensurate with the nature of project, then the court cannot act as a multiplier of regulations and add its own notion as to what ought to be additional essential procedure for going ahead with a particular project,” it said.

Subscribe to The Hindu digital to get unlimited access to Today's paper

Already have an account ? Sign in

Start your 14 days free trial. Sign Up

Find mobile-friendly version of articles from the day's newspaper in one easy-to-read list.

Enjoy reading as many articles as you wish without any limitations.

A select list of articles that match your interests and tastes.

Move smoothly between articles as our pages load instantly.

A one-stop-shop for seeing the latest updates, and managing your preferences.

We brief you on the latest and most important developments, three times a day.

*Our Digital Subscription plans do not currently include the e-paper, crossword and print.

You can support quality journalism by turning off ad blocker or purchase a subscription for unlimited access to The Hindu.

END
© Zuccess App by crackIAS.com