Amaravati Land Scam Case Hearing : SC Says Judicial Review Power & Govt's Power To Reconsider Previous Govt Decision Not Comparable
Live LawThe power of the executive to look into the conduct of the previous government cannot be compared with the power of courts to 'review' a decision, the Supreme Court expressed on Wednesday. The Bench was considering an SLP filed by the Andhra Pradesh government against a common interim order on September 15, 2020 by the Andhra Pradesh High Court which stayed the government's decision to probe into the conduct of the previous government on allegations of corruption including the Amaravati land scam matter. He also took objection to the High Court's reasoning that successive governments cannot re-look at the projects or policies of an erstwhile government for mere political reasons. The High Court also said that it had the power to review policy decisions in order to check unfettered discretion of the executive. According to the plea, the High Court cannot review the Impugned GOs since they are not unreasonable or arbitrary, and are a mere policy decision regarding exercise of executive power.