Case Note & Summary
The judgment concerns a challenge to the Haj Policy 2019-2023 for Haj Group Organisers (HGOs) framed by the Government of India. The petitioners, including the Federation of Haj PTOs of India and individual PTOs, contended that certain eligibility conditions in the policy were arbitrary and unreasonable. The Court noted that the policy was formulated after a detailed process involving suggestions from stakeholders and input from IIT Delhi. The previous policy had been upheld by the Supreme Court in Union of India v. Rafique Shaikh Bhikan (2013). The new policy removed several onerous conditions and simplified the application process. The Court found that the policy was reasonable, non-arbitrary, and in public interest. It dismissed the writ petitions, holding that the policy did not violate Article 14 or 19(1)(g) of the Constitution. The Court emphasized that policy decisions are not subject to judicial review unless manifestly arbitrary or mala fide.
Headnote
A) Constitutional Law - Reasonableness of Executive Policy - Haj Policy 2019-2023 - The Court examined whether the policy conditions were arbitrary or unreasonable. Held that the policy was formulated after extensive consultation with stakeholders and experts, and the conditions were reasonable and in public interest. (Paras 1-10) B) Administrative Law - Judicial Review of Policy - Haj Policy - The Court reiterated that policy decisions are not ordinarily interfered with unless they are manifestly arbitrary or mala fide. Held that the impugned policy did not suffer from any such vice. (Paras 11-15) C) Haj Policy - Eligibility Conditions - Security Deposit, Turnover, Office Area - The Court found that the conditions were simplified and relaxed compared to the previous policy, and were aimed at ensuring the welfare of pilgrims. Held that the conditions were not onerous or discriminatory. (Paras 5-10)
Issue of Consideration
Whether the Haj Policy 2019-2023 for Haj Group Organisers is arbitrary, unreasonable, or violative of fundamental rights under Article 14 and 19(1)(g) of the Constitution of India.
Final Decision
The Supreme Court dismissed all the writ petitions, upholding the Haj Policy 2019-2023 as valid and not violative of any constitutional provisions.
Law Points
- Haj Policy
- Reasonableness
- Non-arbitrariness
- Public interest
- Consultation
- Judicial review
- Policy formulation
