Can Supreme court of India intervene the policy decisions of the Government of India?

Answer 1

Supreme Court cannot intervene in the policy decisions of the govt. as decided by supreme court itself on 31 Oct 2006 in disinvestment policy case. supreme court refuse to intervene in it being a policy decision of the govt. but every policy decision of the govt. must be with in the framework of the Constitution and should not disturb the basic structure of the constitution.

Answer 2

In Some cases yes and in other cases no...when the govt of india or indian legislature enacts a legislation and puts it into IX th schedule of the constitution it is beyond judicial review ( meaning the courts cannot question the law ).. now the current debate which is going on regarding this is that the govt is deliberately doing this to sidestep the court.

On the other hand Supreme court can and will question some laws which tend to transgress the basic structure of the constitution ( this is a notion evolved by the supreme court over a period that certain parts of the constn cannot be amended) .

This duel keeps happening between the government and the court as there is no water tight seperation.

Answer 3

Legislature, Executive and Judiciary are the three organs of the state, which have been allocated distinct roles to perform as per the Constitution of India. However, Judiciary can intervene on the acts of Legislature or Executive, when their actions are ultravires, that is when their actions violate the inviolable rights of the citizens of India. If the Legislature and Executive are gi ven un-fettered authority, the rights of citizens are trampled and the rule of law is replaced by rule of the jungle. To set this kind of abuse of authority by the Legislature and Executive, Judiciary can intervene and set things right to uphold rule of law. Supreme Court, the Apex Court of the Country as part of the Judiciary can always intervene in such circumstances. There is much hue and cry now a days about the judicial activism. If this mechanism of judicial intervention is not inbuilt in the Constitution of India, I am afraid the common man will have no safeguards to his life, liberty, property etc.

Answer 4

the job of the legislature is to make policy, the job of the judiciary is to interpret it in light of the constitutional principles. The legislature is not free to alter the constitution as it pleases or to follow policies which are patently violative of the fundamental rights. The Supreme Court will interpret the policy decisions of the Govt. of India harmoniously, balancing the fundamental rights and directive principles of state policy. In Kesavananda Bharati vs. State of Kerala the doctrine of Basic structure of the constitution was laid down to judge the validity of constitutional ammendments and in Menaka Gandhi vs. Union of India, it was held that law must be just, fair and reasonable, so the govt. is not free to follow policies which cannot be justified by the directive principles or which blatantly violate the fundamental rights.

Answer 5

The Supreme Court of India is located in New Delhi, the capital of India. New Delhi is in the north Indian state of Uttar Pradesh.

Answer 6

The Judiciary is a separate entity from the Executive . Whatever the government decides on , if the supreme court is against it, then it has to formally address it in court...or make an appeal.

Answer 7

yes. or it is very difficult for some states in our india. the crooks take over all their own decision.. they could not make decision, but they can intervene about the policy. its 100% good for the nation

Answer 8

Hard to say since I'm not Indian. And only understand the parliamentary system of Canada. The last time our government was investigated was during the sponsorship scandal

Answer 9

soon they are about to bring an amendment banning the supreme court

Answer 10

it can question policies that r against the constitutional objectives, but it cannot FORCE it to change its decision