Court can review policy decision in public interest: SC

The Supreme Court today rejected the contention of the government that there was no scope of judicial review on the issue of allocation of licences for the 2G spectrum as it was a policy decision.

The apex court said it can exercise the power of judicial review to protect public interest when the government policy is "flawed" as was the case in the allocation of 2G spectrum which violated the constitutional principles.

"There cannot be any quarrel with the proposition that the court cannot substitute its opinion for the one formed by experts in the particular field and due respect should be given to the wisdom of those who are entrusted with the task of framing the policies.

"However, when it is clearly demonstrated before the court that the policy framed by the state or its agency/ instrumentality or its implementation is contrary to public interest or is violative of the constitutional principles, it is the duty of the court to exercise its jurisdiction in larger public interest and reject the stock plea of the state that the scope of judicial review should not be exceeded beyond the recognised parameters," a bench of Justice GS Singhvi and Justice AK Ganguly said.