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Report No. 145

5.9. Dichotomy of business principles and availability of writ jurisdiction.-

It would appear that those who argue for amending Article 12, assume that there is a conflict between good business principles or sound management and the applicability of constitutional provisions regarding fundamental rights and the like, in regard to such undertakings. But we believe that the conflict is more apparent than real. The fallacy lies in assuming that every action of the undertaking can be set aside by the court.

The truth is, that only illegal, arbitrary or unreasonable action, is open to judicial review. No doubt, an application (by writ or otherwise) for judicial review-can be initiated by a citizen against any order or action, because one cannot prevent the citizen from approaching the court. But this does not mean that the citizen will necessarily succeed in every case. A citizen so minded can initiate proceedings even against a private sector undertaking; but he will not necessarily succeed, if there is no cause of action. The courts are open; but success after entering idle portals of the court does not necessarily go with the right to enter the court.



Article 12 of the Constitution and Public Sector Undertakings Back




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