New Delhi: The Supreme Court on Tuesday said that the announcement of policy decisions, whether it be for industry or not, is not allowed to go on thin air after the political decisions are met and governments must address it within a reasonable time.
The bench of justices DY Chandrachud and Indu Malhotra said that the policy decisions announced by governments are serious promises to citizens and various sectors of industry, which have a legitimate expectation of the implementation of the promises. Public officials should be held accountable when criticizing the Jharkhand government for delaying implementation of the Industrial Policy 2012, promising to reduce electricity rates for industrial units by up to three years.
Justice Chandrachud, who wrote the verdict, said the doctrine of equitable expectation is more elaborate in its play. “Public authorities’ representation needs to be subjected to micro-standards because citizens continue to live their lives in the state. In the commercial world, certainty and consistency are essential to planning business affairs. The generation of a business-friendly environment for investment and trade is faithfully controlled, which can be reset in the government to meet the expectations it generates, ”he said.
Commenting on the promised relief from the Government of Jharkhand, he said, “The state has a serious representation in the above conditions. The State Government issued a statutory notification under Section 9 but in a manner that was expected to take effect on January 8, 2015, it rejected the nature of the representation in Industrial Policy 2012. ”
Jurisprudence a DemocracyIt was inevitable that governments would exhibit the colonial mentality of handing over the Dolls. It said that timely implementation of policy announcements would be arbitrary and violate the guarantee of equality guaranteed under paragraph 14 of the Code.
“The state must abandon the colonial notion of sovereignty as its own will … The State is committed to acting in a fair and transparent manner in all its functions. It should be proportional to the underlying need, ”the bench said.
The failure of the Jharkhand government to issue a notification within the stipulated time and by giving exemption is merely a breach of expectation and trust in the state. Justice Chandrachud said that since the state has given no justification … such action by the state is arbitrary and it violates Article 14.


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