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The CJI’s remarks can be seen as both introspection and a cautionary note to courts which have been very active of late in policy areas. The top court itself is dealing with several challenges to policy whether it be FDI in retail, coal block allocations or environmental clearances to major industrial projects.
The top court’s decision to set aside 2G spectrum licences over irregularities had marked a remarkable departure from courts’ reluctance to interfere in policy matters. Responding to a question about the proposed Judges’ Accountability Bill, which has a clause that bars judges from commenting on unrelated issues while dealing with a case, the Chief Justice said: “Unnecessary comments should not be made. I agree on that.”
