Union of India vs Rajasthan High Court - Supreme Court Case

 Union of India vs Rajasthan High Court - Supreme Court Important Judgment 2016 - 

On 14th December, 2016, in the case of Union of India vs Rajasthan High Court & Ors. [Civil Appeal No. 717 of 2016], a three Judge Bench set aside a direction issued by the High Court to the Union Government “to include the Chief Justices and the judges of the High Court in the list of persons exempted from pre-embarkation security checks” at the airports, observing that “matters of security ought to be determined by authorities of the government vested with the duty and obligation to do so. Gathering of intelligence information, formulation of policies of security, deciding on steps to be taken to meet threats originating both internally and externally are matters on which courts singularly lack expertise.”

 The Bench observed that undoubtedly breach of security at the airport is an issue of serious concern, however, “a suo moto exercise of the nature embarked upon by the High Court encroaches upon the domain of the executive” and “the formulation of suggestions by the High Court for framing a National Security Policy travelled far beyond the legitimate domain of judicial review.” While observing that “matters of security are not issues of prestige and are not matters of ‘status’, the Bench held that the judgment of the High Court was “an example of a matter where the court should not have entered” in exercise of its jurisdiction under Article 226 of the Constitution.


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