New Delhi: The Supreme Court Wednesday said
courts can decide the legality of government decisions, but cannot substitute their views in policy matters.
A bench headed by Justice P Sathasivam said this while
setting aside the Himachal Pradesh High Court`s order, which
had quashed the state government`s decision to frame
guidelines for education policy.
"The government is free to frame guidelines and court
cannot interfere in it...Court cannot substitute government`s
view on policy matters and must sit as an appellate body on
government decision," the bench said.
The court passed the order on an appeal filed by the
Himachal Pradesh government challenging the high court order.
The bench said the high court was not right in
interfering in the policy decisions of the government.
Chief Justice S H Kapadia had recently stated at a
seminar that courts cannot behave as "super-legislatures" and
that the judiciary should maintain self-restraint and respect
separation of powers.