Governments Prerogative to Frame Schemes: Supreme Court

The Supreme Court has censured the Uttarakhand High Court for framing a scheme to regularise hundreds of casual workers engaged by the Border Roads Organisation (BRO) under the Ministry of Defence in the construction of roads for Char Dham Yatra pilgrimage.

What was the Issue?

• A case was filed in the Uttarakhand High Court by unions representing the casual workers, including the All India Trade Union Congress against the centre alleging that the Centre had not regularised the labourers though they had worked for BRO for years.
• Disposing of the petition the Uttarakhand High Court itself framed a scheme to regularise the services of the casual labourers and granted them benefits similar to those of regular employees under the labour law.

Observations made by the Supreme Court

• It is the sole prerogative of the government to frame schemes and courts should stay out of governance.
• High Court has failed to see that it is not the function of the courts to frame any scheme but it is the sole prerogative of the government to do it.
• All that the High Court could have done is exercising of its the extraordinary power under Article 226 of the Constitution to direct the government to consider framing an appropriate scheme.

Article 226

Article 226 empowers the High Court’s to issue, to any person or authority, including the government directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.

Month: Current Affairs - March, 2019