Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | fixation of criteria Haj policy for 2019-23 financial aspects experience Haj Pilgrimage |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Haj Pilgrimage : Haj policy for 2019-23 – Grievance of the petitioner was that some of their vital suggestions, were not incorporated while finalising the Haj policy – Petitioner contended that while fixing the criteria of experience-cum-financial strength, the respondent had given more emphasis on the financial aspects thereby sidelining the aspect of experience – Held: Public authorities must have liberty and freedom in framing policies – It is well accepted principle that in complex social, economic and commercial matters, decisions have to be taken by governmental authorities keeping in view several factors and it is not possible for the courts to consider completing claims and to conclude which way balance tilts – In instant case, Haj Policy for 2019-23 is based on data collected and complied in the study by IIT-Delhi, an expert body – Further, views of the stakeholders, including petitioners, were invited and duly considered – Ministry has considered both experience and financial strengths, as recommended in the IIT Delhi study itself – Financial strength is important because when the pilgrims travel, the Private Tour Operators (PTOs) are required to make all arrangements for transportation, air travel, boarding and lodging, local transportation and provision of guide etc. – Also, views of the petitioners were not only considered but accommodated to the extent possible and permissible – Thus, difficult to agree with the petitioners – Administrative Law – Policy decision. Administrative Law – Policy decision – Haj policy for 2019- 23 – Scope of judicial review – Held: The scope of judicial review is very limited in such matters – It is only when a particular policy decision is found to be against a statute or it offends any of the provisions of the Constitution or it is manifestly arbitrary, capricious or mala fide, the court would interfere with such policy decisions – In instant case, no such case was made out. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2019 INSC 133 |
Petitioner | Federation Haj Ptos Of India |
Respondent | Union Of India |
SCR | [2019] 2 S.C.R. 627 |
Judgement Date | 2019-02-04 |
Case Number | 4 |
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