AIR 2006 SUPREME COURT 2609 ::2006 AIR SCW 3601 ::2006 (131) DLT 287 ::2006 (10) SCC 337 ::(2006) 7 Scale 179 ::(2006) 64 All LR 907 ::(2007) 1 All WC 91 ::2006 (4) MadLW 864 ::2006 (3) Ker LT 601 ::2006 (6) Supreme 372 ::(2006) 45 AllIndCas 668 (SC) ::2006 (45) AllIndCas 668 ::2006 (8) SRJ 393

Supreme Court Of India

Hon'ble Judge(s): Arijit Pasayat, C. K. Thakker , JJ

(A) Constitution of India , Art.32, Art.226— Judicial review - Administrative action - Scope of judicial enquiry - Confined to question whether action taken is against statute, fundamental rights or constitutional provisions - Court is not an appellate authority. Administrative Law - Administrative decision - Judicial review - Scope is limited. While exercising the power of judicial review of administrative action, the Court is not the appellate authority and the Constitution does not permit the Court to direct or advise the executive in matter of policy or to sermonize any matter which under the Constitution lies within the sphere of the Legislature or the executive, provided these authorities do not transgress their constitutional limits or statutory power. The scope of judicial enquiry is confined to the question whether the decision taken by the Govt. is against any statutory provisions or is violative of the fundamental rights of the citizens or is opposed to the provisions of the Constitution. Thus, the position is that even if the decision taken by the Govt. does not appear to be agreeable to the Court it cannot interfere. The correctness of the reasons which prompted the Govt. in decision making is not a matter of concern in judicial review and the Court is not the appropriate forum for such investigation. In matter of policy decisions....