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2010 (11) TMI 859 - SC - Indian LawsWhether the policy has been framed by the legislature or the executive and in either case there should be judicial restraint? Held that:- Appeal allowed. The Court must maintain judicial restraint and not ordinarily encroach in the domain of executive or legislature. There should be judicial restraint in fiscal and economic regulatory measures. The State should not be hampered by the Court in such measures unless they are clearly illegal or unconstitutional. All administrative decisions in the economic and social spheres are essentially ad hoc and experimental. Since economic matters are extremely complicated this inevitably entails special treatment for distinct social phenomena. The State must therefore be left with wide latitude in devising ways and means of imposing fiscal regulatory measures, and the Court should not, unless compelled by the statute or by the Constitution, encroach into this field.
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