Allowing instalment as eco policy not justiceable

The Supreme Court has unequivocally laid down that in a matter of economic policy, the court shall not intervene unless the policy is itself violative of the fundamental rights

Sukumar Mukhopadhyay 

Sukumar Mukhopadhyay

The immediate reason for writing this theoretical treatise is to assess the basis of determining the contour of the recent controversies about the recovery of the dues from the telecom companies where instalment was acceptable to the Department of Telecom. I am not writing on the merit of the decision on this particular case but only on how the Supreme Court has decided this issue about whether the economic policy is justiceable in previous judgments which constitute a precedent.

If a court now ignores a precedent, is also another issue. It has always been accepted in various judgments ...

First Published: Sun, April 05 2020. 23:29 IST