Mains Paper 2: Polity | Separation of powers between various organs
From UPSC perspective, the following things are important:
Prelims level: Art.32 vs Art.226
Mains level: Writ Jurisdiction
- It is the sole prerogative of the government to frame schemes and courts should stay out of governance, the Supreme Court has said in a judgment.
- A Bench led by Justice A.M. Sapre criticised the Uttarakhand High Court for framing a scheme to regularize hundreds of casual workers engaged by the Border Roads Organisation (BRO) in the construction of roads for Char Dham Yatra pilgrimage.
Courts can only direct
- The High Court failed to see that it is not the function of the courts to frame any scheme but it is the sole prerogative of the government to do it.
- All that the High Court, in exercise of its extraordinary power under Article 226 of the Constitution, can do is to direct the government to consider framing an appropriate scheme.
- Such directions to the government to consider framing a scheme should be with regard to the facts and circumstances of each case.
- It is only in exceptional cases when the court considers it proper, should it issue appropriate mandatory directions, the Supreme Court held.
- Instead, in the present case, a single judge of the High Court framed a scheme itself to regularize the services of the casual labourers and granted the benefits similar to those of regular employees under the labour law.
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