Constitution of India — Art. 226 — Writs — Mandamus

2015 SCC VOL. 2 FEBRUARY 28, 2015 PART 4

Interference with policy decision on ground that it is ultra vires/arbitrary/invalid, etc., and, issuance of mandamus to frame policy in particular manner are absolutely different. Issue of mandamus commanding appellant to carry out census in particular manner is not permissible. Courts have jurisdiction to declare law unconstitutional where called for, and may also fill gaps in certain spheres applying doctrine of constitutional scheme or abeyance but they cannot plunge into policy-making by adding something to policy by way of issuing mandamus. Judicial restraint is called for in such circumstances. (2015) 2 SCC 796

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