'Cannot remain mute spectators when citizens' rights are violated': SC

Slamming the Centre's contention that vaccine policies need no judicial interference, the apex court said courts cannot remain mute spectators when citizens' constitutional rights are violated by executive policies.

New Delhi: The Supreme Court in a scathing remark against the Centre stated courts cannot remain, mute spectators when citizens' constitutional rights are violated by executive policies. The apex court remarked on the Centre's contention that vaccine policies need no judicial interference as the executive is operating on expert medical and scientific advice. The top court said the executive's wisdom is not second-guessed.

The SC observed the Court has to determine whether the vaccine policy adheres to the "standards of reasonableness, militates against manifest arbitrariness and protects the right to life of all persons". The SC made the observations on the suo moto case on distribution of Covid 19 essential supplies and services.

The top court observed that it is assuming a "dialogic jurisdiction" where various stakeholders are provided with a forum to raise constitutional grievances concerning mismanagement of the pandemic. Acting as an open court, the Court would conduct deliberations with the executive wherein existing policies will be evaluated and seen if they survive the constitutional scrutiny.

Citing the separation of powers in the constitution, the SC stated that the judiciary cannot assume the role of the executive in policymaking. "However, this separation of powers does not result in courts lacking jurisdiction in conducting a judicial review of these policies. Our constitution does not envisage courts to be silent spectators when the constitutional rights of citizens are infringed by executive policies. Judicial review and soliciting constitutional justification for policies formulated by the executive is an essential function, which the courts are entrusted to perform," said the court.

The top court also pointed out the US Supreme Court's recent observation amid the pandemic. The Court observed, "constitution cannot be put away and forgotten and public health emergency does not give Governors and other public officials carte blanche to disregard the Constitution for as long as the medical problem persists".