Delhi HC says #OddEven rule part of public policy, outside scope of judicial review [Read Judgment]

deli-pollution-carDelhi High Court has refused to interfere with the Odd-Even policy for alternate plying of non-commercial four-wheelers in the NCT of Delhi. Court said that it’s outside its scope of judicial review. It observed:

The implementation of the Odd-Even scheme may have caused hardship to a section of the society, however, the power of judicial review cannot be extended to determine the correctness of such a policy decision or to find out whether there could be more appropriate or better alternatives.

The judgment was passed by a bench of Chief Justice G Rohini and Justice Jayant Nath which observed that since the scheme is for a limited period of 15 days and has been enforced as a pilot project to ascertain the reduction, if any, in the pollution levels, the interference by the Court is not warranted.

However the bench has directed Government of NCT of Delhi to take into consideration the contents of the writ petitions challenging the rule before deciding the future course of action.

Observing that the question before it was whether the policy decision warrants interference by the Court in exercise of power of judicial review, it held:

The law is well settled that on matters affecting policy this Court will not interfere unless the policy is unconstitutional or contrary to statutory provisions or arbitrary or irrational or in abuse of power, since the policy decisions are taken based on expert knowledge and the Courts are normally not equipped to question the correctness of the same. The scope of judicial enquiry is therefore confined to the question whether the decision taken by the Government is against any statutory provision or it violates the fundamental rights of the citizens or is opposed to the provisions of the Constitution of India.

Read the complete judgment here.

Leave a Reply

Your email address will not be published. Required fields are marked *