Shri. Anil Menon vs. Union Of INDIA And Ors.
Held
The Court held that it cannot issue directions to the Union of India to legislate or formulate policies, even in a Public Interest Litigation. The Court found that the reliefs sought by the petitioner, which involved directing the government to amend laws and create policies for taxation and sports promotion, were beyond the scope of its judicial powers. The Court explicitly stated that it could not grant such directions or reliefs. Therefore, the PIL was dismissed on the grounds that the judiciary cannot encroach upon the legislative and executive functions of the government. The ratio decidendi is that courts are not empowered to direct the legislature to enact laws or the executive to formulate specific policies, as these are matters of policy and governance falling within the domain of the other branches of government.
Facts
The petitioner, Anil Menon, filed a Public Interest Litigation (PIL) seeking directions from the respondents, Union of India and others. The petitioner requested an amendment to the Central Goods and Service Tax Act to nullify the 28% GST levied on fitness equipment and sports articles. Additionally, the petitioner sought exemption for medico-physiotherapic and cardio exercise machines from GST. The PIL also prayed for the formulation of policies to establish full-time sports schools in every district to promote sports. The petition was filed before the Bombay High Court.
Key Issues
1. Whether the High Court can issue a writ directing the Union of India to legislate or formulate policies regarding GST rates on fitness equipment and sports articles, and to exempt specific medical exercise machines from GST? (Question of law, concerning the scope of judicial review and writ powers). 2. Whether the High Court can issue a writ directing the Union of India to formulate policies for establishing full-time sports schools in every district? (Question of law, concerning the scope of judicial review and writ powers). Petitioner's arguments: The petitioner sought directions for legislative amendments and policy formulation to address concerns regarding GST on sports and fitness items and the promotion of sports infrastructure. Respondents' arguments: The judgment does not record specific arguments from the respondents. However, the Court's reasoning implies that the respondents would likely contend that such directions fall outside the purview of judicial power.
AI-generated summary — verify with the full judgment below
SKC 13-PILST-26034-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION (STAMP) NO. 26034 OF 2017 Anil Menon .. Petitioner versus Union of India & Ors. .. Respondents Mr. Shyamkumar Solanke i/b. Mr. Suresh Barne for Petitioner. Ms M. P. Thakur – AGP for the State.
CORAM: DR. MANJULA CHELLUR, CJ. & M.S. SONAK, J.
DATE : 09 NOVEMBER 2017 P.C.: 1] By this public interest litigation, the petitioner seeks a direction to the respondents to amend the Central Goods and Service Tax Act so as to nullify 28% GST levied on the fitness equipments and sports articles; to exempt medico-physiotherapic and cardio exercise machines from the imposition of GST; and to effectively formulate policies to introduce a full time sports school at every district for promotion of sports and games. 2] The reliefs, in effect, seek issuance of a writ to the Union of India to legislate and/or to formulate policies. We are afraid, we cannot issue such directions or grant such reliefs, even in a a public interest litigation. 3] Accordingly, we dismiss this public interest
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