- — status of — judicial review — scope of — the principle of separation of powers is a fundamental tenet of democratic governance, designed to ensure a system of checks & balances amongst executive, legislature and judiciary — one key aspect of this principle is the limitation on judicial interference in the realm of policy matters — Courts are generally precluded from delving into a Govt. policies — the policy formulation is an inherently political process and democratic mandate of elected officials — Courts are tasked with interpreting and applying the laws rather than making policy decisions — this principle fosters a harmonious balance among the branches of Govt. — the judiciary plays a crucial role in upholding the rule of law — the delineation of powers ensures that policy decision remain primarily within the realm of elected branches, insulated from unwarranted judicial intervention — held: policy decision issued in accordance with law carries the status of law — Azad Govt. & others versus Fiaz Ahmed & others 2023 SCR 796 (C)
- — the Court’s role is not to interfere with policy decisions, unless it is manifest that such policy decisions are the outcome of arbitrary exercise of power, mala-fide and patently illegal or manifestly unreasonable.Azad Govt. & others versus Fiaz Ahmed & others 2023 SCR 796 (D) 2021 SCMR 1230 rel. & 2019 CLC 877
- — the interference in the policy matters by the Courts is only justified when it is against the relevant statute or is discriminatory. Azad Govt. & others versus Fiaz Ahmed & others 2023 SCR 796 (E)
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