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Supreme Court of India 2019-02-04 partly_allowed

Federation Haj PTOS of India vs Union of India

Bench: 3 — A.K. Sikri

In Brief

Private Haj tour operators (HGOs) challenged the Government's 2019-23 Haj Policy, specifically contesting the turnover thresholds of Rs. 5 crores and Rs. 3 crores for different HGO categories, arguing these were unreasonably high and would force operators to overcharge pilgrims. The Supreme Court held that judicial review of policy decisions is strictly limited and only interferes when a policy is unconstitutional, contrary to statute, or manifestly arbitrary. The Court upheld the turnover criteria as reasonable policy considering financial strength is essential given the large scale of pilgrim arrangements. However, the Court allowed one petitioner's prayer, directing reconsideration of their categorization, recognizing administrative error in 2017 prevented them from earning the required turnover that year.

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Constitutional Law Administrative Law Judicial Review Policy Decisions Haj Administration Pilgrimage Regulations

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