Can Judicial Review be used to declare a government policy Ultra Vires?
admin clat_pg advanced mcq_debateMe and my friend, Rohan, are at it again. We were studying for our CLAT PG prep and got into a heated debate. Here are our arguments:
My argument: Judicial review can indeed be used to declare a government policy Ultra Vires if it violates the Constitution. In the landmark case of Minerva Mills Ltd. v. Union of India (1980), the Supreme Court held that an executive order which violates the Constitution can be struck down. Since a government policy is an exercise of executive power, it can be challenged in court if it's Ultra Vires.
Rohan's argument: No way, my friend! Judicial review is limited to checking the procedure followed by the government in making a policy, not its substance. In _Keshavananda Bharati v.
0 comments
0 Comments
Sign in to join the discussion.