CENSUS COMMISSIONER & OTHERS versus R. KRISHNAMURTHY

CENSUS COMMISSIONER & OTHERS versus R. KRISHNAMURTHY

The High Court had no jurisdiction to issue a mandamus to the Census Department directing it to conduct a caste-wise census in a particular manner. Courts cannot interfere in policy matters unless such policy is arbitrary, capricious, or violative of statutory or constitutional provisions. As the Census Act, 1940 and relevant notifications do not provide for inclusion of other castes, and the High Court went beyond its remit, the order is unsustainable.

Parties
Appellant: Census Commissioner & Others; Respondent: R. Krishnamurthy
Jurisdiction
India
Judgment Date
07 November 2014
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Policy Decisions, Judicial Review, Mandamus, Census Act, Scope of Interference by Courts
Administrative Law Policy Decisions Judicial Review Mandamus Census Act Scope of Interference by Courts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Census Commissioner & Others

Appellant

R. Krishnamurthy

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court could direct the Census Department to conduct a caste-wise census contrary to existing policy
  2. 2 Scope of judicial review over executive policy decisions under the Census Act, 1940

Ratio Decidendi

The High Court had no jurisdiction to issue a mandamus to the Census Department directing it to conduct a caste-wise census in a particular manner. Courts cannot interfere in policy matters unless such policy is arbitrary, capricious, or violative of statutory or constitutional provisions. As the Census Act, 1940 and relevant notifications do not provide for inclusion of other castes, and the High Court went beyond its remit, the order is unsustainable.

Court Disposition

Appeal allowed

Orders

  • The judgments and orders dated 24.10.2008 and 12.5.2010 passed in W.P.(C) No. 25785/2005 and W.P.(C) No. 10090/2010 respectively are set aside.
  • No order as to costs.