The court is not expected to sit as an appellate authority on an opinion
Supreme Court of India
New Delhi/Chennai: The Supreme Court on Friday set aside the Madras High Court order directing the Centre to conduct caste wise census in the country, terming it “as a colossal transgression of power of judicial review”.
The apex court said that while passing the order in 2010, the HC had travelled beyond the matter in dispute before it which is legally impermissible.
“The High Court had not only travelled beyond the lis (matter in dispute) in the first round of litigation, but had really yielded to some kind of emotional perspective, possibly paving the adventurous path to innovate. It is legally impermissible.
The bench, said, “The court can only interfere if the policy framed is absolutely capricious or not informed by reasons or totally arbitrary and founded ipse dixit offending the basic requirement of Article 14 of the Constitution.
In certain matters, as often said, there can be opinions and opinions but the court is not expected to sit as an appellate authority on an opinion.”
“The order is exceptionally cryptical. That apart, it is legally wholly unsustainable. The HC, to say the least, had no justification to pave such a path,” the Supreme Court bench added.
( Source : dc correspondent/agencies )
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