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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, S. Abdul Nazeer, M.R. Shah

In Brief

Federation and individual Haj Group Organisers challenged the Government's Haj Policy 2019-23, which set minimum annual turnover thresholds of Rs. 5 crores (Category-I*) and Rs. 3 crores (Category-I) for registration. The petitioners argued these figures were unreasonably high and would force operators to charge excessive fees to pilgrims, contrary to the policy's core purpose of protecting pilgrims' interests. The Supreme Court held that policy decisions fall within the Executive's domain and courts have limited review power. The policy, based on expert IIT Delhi study and stakeholder consultation, was neither arbitrary nor unconstitutional. Financial strength was a legitimate criterion to protect 1,75,000 pilgrims. However, one petitioner prevented from registering in 2017 due to the Government's fault was allowed individual reconsideration using 2018 financial data, as it would be unjust to penalise the petitioner for the respondent's error.

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Administrative Law Policy Review Judicial Review Haj Pilgrimage Tour Operators

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