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2022 (1) TMI 1435 - DELHI HIGH COURTPublic Interest Litigation - constitution of special commission on environment for bringing the policy on sustainable development - framing of policy for protection of the environment on the principle of ‘one person one tree’ - Doctrine of separation of powers - HELD THAT:- It is a settled law that framing policies is the domain of the Government and it is not for this Court to direct framing of any policy. Making a policy with respect to environmental protection and/or issuing Guidelines thereunder is purely a matter of policy decision of the Government and a very complex phenomenon. It is no longer res integra that a Court will not interfere in policy making as the policies are framed based on expert knowledge of the persons concerned in the respective fields. Courts are not equipped with the necessary expertise to substitute their own views and direct formulation of policies tailor-made to suit the requirements of the Petitioner in a given case. While exercising the power of judicial review, it must be kept in mind that Court cannot direct, advise or sermonise the executive in matters of policy framing, which is purely the domain of the executive under the doctrine of separation of powers. Courts can certainly examine a policy or an action of the Executive, if it is unreasonable, unfair, arbitrary or unlawful or if it is unconstitutional, but cannot issue directions to frame a policy in a particular manner. There is a clear separation of power in the scheme of the Constitution of India and the duty to formulate policy is entrusted to the Executive. Predominant role of the Court is to expound and interpret the law and not to legislate. The prayers relating to formulation of the policy relating to environmental protection and directing that it be made on the principle of ‘one person one tree’, as suggested by the Petitioners, cannot be allowed - there are no reason to entertain the present petition and direct the Government to frame a policy. The writ petition is disposed off.
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