This website uses cookies to ensure you have the best experience. Learn more

Judicial Decisions On Public Policy Essay

1465 words - 6 pages

JUDICIAL DECISIONS ON PUBLIC POLICY
In the case of Renusagar Power Plant Co. Ltd v. General Electric Co., (Renusagar’s Case), the Supreme Court while construing the term “Public Policy” in Section 7(1)(b)(ii) of Foreign Awards (Recognition and Enforcement) Act, 1961 (Foreign Awards Act), applied the principles of private international law and held that an award would be contrary to public policy if such enforcement would be contrary to (i) fundamental policy of Indian law; or (ii) the interests of India; or (iii) justice or morality and cannot be set aside on merits.
In Oil and Natural Gas Corporation Ltd. v. SAW Pipes Ltd., the aggrieved party challenged an adverse arbitral award because the arbitral tribunal had incorrectly applied the law of liquidated damages to the case. In holding that the challenged award was legally flawed, the Court held that, in addition to the interpretation of public policy in Renusagar’s Case, a domestic arbitral award may be set aside if it contravenes the “provisions of the [1996 Arbitration and Conciliation] Act or any other substantive law governing the parties or is against the terms of the contract.” The holding of the Supreme Court in SAW Pipes added “Patent Illegality” as a fourth public policy consideration to the three considerations previously enumerated in Renusagar’s case.
In Gherulal Parakh v. Mahadeodas Maiyev, the Supreme Court observed that the ‘Public Policy’ or the policy of the law is an illusive concept. It has been described as ‘untrustworthy guide’, variable quantity’, ‘uncertain one’, ‘unruly horse’ etc. The primary duty of a court of law is to enforce a promise which the parties have made and to uphold the sanctity of contracts which form the basis of society, but in certain cases, the court may relieve them of their duty on a rule founded on public policy. The doctrine of public policy is extended not only to harmful cases but also to harmful tendencies; it is only a branch of common law, and just like any other branch of common law. It is governed by precedents. The principle has been crystallized under different heads although it is permissible for courts to expound and apply them to different situations, it should only be invoked in clear and incontestable cases of harm to the public policy, through the heads are not closed and though theoretically it may be permissible to evolve a new head under exceptional circumstance of a changing world, it is advisable in the interest of stability of society not to make any attempt to discover new heads.
In Central Inland Water Corp. Ltd. v. Brojo Nath Ganguly, the Supreme Court promoted a wider stance by interpreting the term public policy on the pillars of public conscience, public good and public interest.
In Shri Hans Enterprises v. Air Port Authority of India, it was held that Award not based on true construction of the terms and conditions of the contract between the parties and correct appreciation of the material in as much as he has...

Find Another Essay On Judicial Decisions on Public Policy

Internet Concern on Public Policy Issue

798 words - 3 pages Privacy and Legal issues, it is very difficult to control and regulate because the Internet does not involve only one country or one single state but it involve to all the countries in the world. Then it is fall in to the international law and policy issue. And different country has different law. Some might very strict to one issue but some might not at all. This is not only the problem to the WWW but it has been the problem for a long time

Judges Philosophy Methods Essay

717 words - 3 pages in our public policy system. These two philosophies differ in the fact that judicial activism is the view that the Supreme Court and other judges can and should creatively reinterpret the texts of the constitution and the laws in order to serve the judges own vision.Judicial activism believes that judges assume a role as independent policy makers or independent “trustees” on behalf of society that goes beyond their traditional role as

"It is absolutely necessary for the successful functioning of the Rule of Law that the Judiciary be elected." E. Wilson. Discuss

1729 words - 7 pages Judicial selections, either by election or appointment, are presently the most common methods of choosing judges. There is much debate over whether judges should be independent arbiters of legal principle or should be held accountable to the electorate.1 Intrinsic tensions, in the choice of a particular selection method, can have deleterious effects on the justice system.2 The decision on whether it is more practical to have judicial

Democracy and Budgetary Process

1506 words - 6 pages what these policies really are. Judicial restraint is a judicial philosophy in which judges adhere closely to precedent and play a minimal policymaking role, leaving this duty to only the legislators. Judicial activism on the other hand is a judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Those who advocate this policy stress that courts can correct needs, especially the ones not

Judicial Activism

1643 words - 7 pages developed on a bipartisan basis (Whitehouse, 2010). In any honest discussion of judicial activism, it must be said that judicial activism is not always a bad thing. The Constitution needs to be fluid in order to meet unforeseeable and precedent are sometimes both desirable and necessary. The problem arises when decisions are made outside of the pre-existing mainstream, and when those kinds of decision are made it should be a

The Second Challenge: Imperial Judiciary

1338 words - 5 pages this decision, taking democratic power of the citizens’ hands. Now, since most Americans can agree that there are parts of the judiciary that need to be fixed, restoring a more fair balance of power between the three branches of government, the hard part is finding the answer to that problem. Therefore, I personally believe the judicial branch needs be limited on cases which have a very political and public policy basis, such as Roe v. Wade or

Prosecutorial and Judicial Independence of the Superior Courts in Hong Kong

1445 words - 6 pages in which he may be of opinion that the interests of public justice do not require his interference.’ Section 1.1 of the Prosecution Code states that ‘a prosecutor is required to act in the general public interest, but independently as a “minister of justice”. In making decisions and exercising discretion a prosecutor must act fairly and dispassionately on the basis of the law, the facts provable by the admissible evidence, other relevant

The Difference between Judicial Activism and Judicial Restraint

846 words - 3 pages widespread respect. Throughout the history of the United States, I noticed a pattern of "cause and effect" that our judiciary branch had practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy, but will be active when the time comes when the general public, in which the case is decided, feels a change is needed. We have enough evidence to see how our judicial branch should act. Should

Judicial Review

1217 words - 5 pages he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78. In Federalist 78, written in 1787 to serve as propaganda to convince the American public to

Does The Supreme Court Abuse Its Power?

2173 words - 9 pages before them (Woll 515). Another executive check is the President's power to select the appointees to fill in vacant slots for Justice positions. All these checks on the judicial branch lead to a policy of what is known as judicial self-restraint --where the Court never hands down a decision so controversial that the other two branches seek to reduce the Court's power (Woll 515). On the opposite side, Wolfe and many others feel that this power

The Creation of Public Policy

1717 words - 7 pages process of the Judicial Branch after public policy is made to be a law. When the political parties start to get involved they hold an influence over ones decisions. A political party will get together and come up with an idea that they want to make a public policy. Then they work together to try and get it passed, if they really want it. When politicians are running for an office they try to sway in the favor of the general public that will be

Similar Essays

Media Influence On Public Policy Essay

1840 words - 7 pages passive, straight reporting can have a greater influence on policy choices. When this occurs, media independence is largely bypassed, as the news generated depends solely on the information released (as public relations material) from legitimate news sources. For example, in the United States, White House staff routinely make ‘leaks’ - expressively to influence policy decisions (Davis, 1992, p. 143; Robinson, 2001, p. 948). Robinson noted that

Impact Of Globalisation On International Public Policy

3118 words - 12 pages agreement. (Governments, Population opinion, local politics, economical and cultural matters) All those arguments showed that globalisation made harder to agree on international public policy in several cas&es, but as a matter of facts, it would be wrong to think that the answer to the question is simply that. The effect Globalisation and IPP imply a huge amount of factors, of actors and decisions. The next part will focus on the aspect that made

Influence Of Religion On Political Decisions In The Public Sphere

2277 words - 9 pages Influence of Religion on Political Decisions in the Public Sphere A religion can refer to a specific cultural system of beliefs, which establishes symbols that relate humanity to moral values and spirituality. Religions in most instances draw humanity to the worship and total reliance of a deity (Vries 46). Religions are designed under a set of traditions, symbols, narratives, and sacred histories which attempts to give life its meaning

A Critique On Cases In Public Policy Analysis

1026 words - 5 pages Public policy is the invisible string that connects every aspect of society. In a person’s daily life, he seldom contemplates the interconnectivity of societal constructions and public policy, as well as how public policy maintains an overarching control on the way society functions. Policies and more specifically, public policies are the “systems of rules and standards that affect the public interest and are established by rulemaking bodies