The #KarnatakaHighCourt has in a judgment recently observed that “It is primarily the task of the Government to govern and in the guise of judicial review, COURTS SHOULD NOT SEEK TO RUN THE GOVERNMENT.”
A division Bech of Karnataka High Court consisting of Justices Krishna Dixit and Krishna Bhat observed this in a appeal against order of a single judge refusing to entertain a challenge to land acquisition for Upper Krishna Project.
The court, has further observed that when a measure is taken by the government for implementing mega infrastructural project pursuant to policy and expert opinion, courts should REFRAIN FROM ACTING LIKE SUPER-ACCOUNTANT and INTERFERENCE SHOULD BE EXTREMELY RARE
The Karnataka HC has observed that“SMELLING FOUL PLAY IN THE ACTION OF GOVERNMENT AT MERE WHIFF OF SUGGESTION WOULD MAKE RUNNING ADMINISTRATION AN IMPOSSIBILITY, ELECTED GOVERNMENTS WHICH ARE ACCOUNTABLE TO PEOPLE WILL BE HAMSTRUNG IN IMPLEMENTING PROJECTS FOR PUBLIC WEAL.”
The bench, has further observed that “It is NOT for the court to act as an expert and substitute its OWN VIEW for the view of executive. In matters of such nature, an APPEAL IS ESSENTIALLY TO THE BALLOT AND NOT TO THE COURTS.”
The judgment notes, “Courts DO NOT have the expertise NOR POLITICAL MANDATE for deciding the comparative merits of two options.”
Courts Cannot Run The Government Under Guise Of Judicial Review: Karnataka High Court @sai_prasad_law reports
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