Policy Judge

POLICY JUDGES

It’s rare for the highest court in a democratic country to prescribe measures that directly lay down or implement policy. Yet, in the last few decades, the Indian courts have regularly done so on issues of public interest, offering policy direction to the government both at the Centre and in the states. One thread that appears to run through almost all the judgments—the court feels obliged to step in when and where the executive fails in its duty. Here are some landmark judgments on social welfare issues, particularly on pollution control:

Air Pollution

With the government concerned taking no action to check air pollution in Delhi, the Supreme Court issued a time frame for measures to be taken on July 28, 1998. The court ordered the government of the national capital region (NCR), which includes Delhi, to:

· Replace all pre-1990 autos and taxis with new vehicles using clean fuels by March 31, 2000

· Not allow buses more than eight years old to ply except on CNG or other clean fuels, by March 31, 2000

· Convert the entire city bus fleet (DTC and private) to single fuel mode on CNG by March 31, 2001

· Build new interstate bus terminals (ISBT) at entry points in the north and southwest to avoid pollution due to entry of inter-state buses by March 31, 2000

· Set up automatic inspection and maintenance (I&M) facilities for commercial vehicles

Noise Pollution

In its order of July 18, 2005, the Supreme Court banned loud music, firecrackers and car horns from 10 pm to 6 am. The ruling came in response to a public interest lawsuit, which sought to maintain the quiet of the night. The Supreme Court also asked the Central government to draw up guidelines for noise reduction and restrict the use of speakers even during the day.

Water Pollution

In the mid-90s, the Supreme Court passed three landmark judgments and a number of orders against polluting industries in the Ganga basin. Scores of industrial plants and more than 250 towns and cities were ordered to build put sewage treatment plants. Six hundred tanneries operating in a congested residential area of Kolkata were shifted out of the city.

Road Safety

In its order of July 7, 2010, the Supreme Court ruled that twowheeler manufacturers must sell helmets along with the vehicles and the headgear should be certified by the Bureau of Indian Standards (BIS).

Food Safety

In its order of February 8, 2011, the Supreme Court directed the Centre to reconstitute "scientific panels" under the Food Safety and Standards Act 2006 because it had discovered the panels were made up almost entirely of lobbyists rather than independent experts.

Medical Aid

In Parmanand Katara vs Union of India (1989), the Supreme Court responded to a PIL filed by a human right activist by ordering every member of the medical profession to provide medical aid to every injured citizen as soon as possible without waiting to complete procedural formalities.