Tribunals cannot direct govt. to frame policy: SC judgment

• The Supreme Court recently clarified that tribunals, governed by specific legislations, lack the authority to direct the government to formulate policies.
• Making policy decisions falls outside the judiciary's domain, and tribunals, being quasi-judicial bodies, must operate within legislative parameters.

Judicial Authority of AFT

• The clarification arose in the context of the Armed Forces Tribunal (AFT) directing the government to establish a policy for filling the post of the Judge Advocate General (Air).
• The AFT, despite having the powers of a civil court, does not possess the authority of the Supreme Court or High Courts.

Judicial Authority

• The judgement emphasised that even High Courts, under Article 226, face limitations in directing policy creation, especially in matters related to fundamental rights.
• The creation or sanctioning of schemes or policies related to defense personnel services or regularization is deemed the exclusive prerogative of the government.
• The judgement reaffirms the separation of powers and the distinct roles of the judiciary and the executive in matters of policy formulation.

Prelims Takeaway

• Tribunals
• Writ Jurisdiction
• Separation of Powers