Governments Prerogative to Frame Schemes: Supreme Court

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The Supreme Court has said in a judgment that it is the sole prerogative of the government to frame schemes and courts should stay out of governance.

Background:

SC has criticized 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.

Key Facts:

  • The Supreme Court has ruled that 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.

Article 226

The Article 226 empowers High Courts to issue directions, orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Such directions, orders or writs may be issued for the enforcement of fundamental rights or for any other purpose.

Source:The Hindu

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