Judiciary can direct the govt. to conduct audit of laws, says SC
- The Supreme Court has upheld the power of the judiciary to direct the government to conduct a “performance audit” of its statutory laws to assess their impact on the ground.
Highlights:
- The court could direct the government to review the working of the statutes and audit their impact if, among other situations, there was demonstrable judicial data or other cogent material
- to prove that the laws have failed to ameliorate the conditions of their intended beneficiaries.
- The judgment followed an appeal concerning the working of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, which has led to multiple litigation over the years.
- The court said the graph of the law was “worrisome” and requested the Chief Justice of the Bombay High Court to constitute a Bench to initiate suo motu proceedings for reviewing the working of the statute and identify the cause of the problems.
- The government has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it. It has the additional duty to closely monitor the working of a statute.
Prelims Takeaway
- Judiciary & Executive