New Delhi: The Supreme Court (SC) on Wednesday said courts can decide the legality of the government decision but cannot substitute their views in policy matters.

A bench headed by Justice P Sathasivam pronounced this while annulling the Himachal Pradesh High Court’s order, which had quashed the state government’s decision to frame guidelines for education policy.

“The government is free to frame guidelines and court cannot interfere in it...Court cannot substitute government’s view on policy matters and must sit as an appellate body on Government decision,” the bench said.

The court passed the order on an appeal filed by the Himachal Pradesh government challenging the High Court order.

The bench said the High Court was not right in interfering in the policy decisions of the government.
Chief Justice of India, S H Kapadia had recently stated at a seminar that courts could not behave as “super-legislatures” and that the judiciary should maintain self-restraint and respect separation of powers.