Judicial review is central in dealing with the malignancy in the exercise of power. However, in the changed circumstances of socio-economic development in the country the Court is emphasizing ‘self restraint’. Unless the administrative action is violative of law or the Constitution or is arbitrary or mala fide,
Courts should not interfere in administrative decisions . Moving in this direction, the apex Court in Sidheswar Sahakari Sakhar Karkhana Ltd. v. Union of India, was of the opinion that normally the Court should not interfere in policy matter which is within the purview of the government unless it is shown to be contrary to law or inconsistent with the provisions of the Constitution.
Therefore, it was held that grant of concession, exemption, incentive and rebate is a matter of policy with the government under the Central Excise Act, 1944, and hence, Court should not interfere unless found violative of law and Constitution.
The Court was quick to add that this principle of judicial review is not a matter of exclusion of the power of judicial review but of judicial “self-restraint” . Before us there are various instances where serious administrative actions lapses in government department. First important case is coal scam in which the figure to be around 1,060,000 crore.