New Delhi, Jan 22 (IANS) The Supreme Court Thursday held that public policy was not a static concept and it varies with time and from generation to generation, but what was in public good and public interest cannot be opposed to public policy and vice versa.
The bench of Justice T.S. Thakur and Justice Fakkir Mohamed Ibrahim Kalifulla said this while striking down the amendment to the Rule 6.2.4 of the Board of Control for Cricket in India (BCCI) that permitted the office bearers of the apex cricketing body to hold commercial interest in the Indian Premier League (IPL) and the Twenty 20 Championship Trophy.
Applying the principle of public policy to Rule 6.2.4, the court said: "... it permits, protects and even perpetuates situations where the administrators can have commercial interests in breach or conflict with the duty they owe to the BCCI or to the people at large must be held to be against public policy, hence, illegal."
"Fundamental Policy of Law would also constitute a facet of public policy. This would imply that all those principles of law that ensure justice, fair play and bring transparency and objectivity and promote probity in the discharge of public functions would also constitute public policy," the court said.
"Conversely any deviation, abrogation, frustration or negation of the salutary principles of justice, fairness, good conscience, equity and objectivity will be opposed to public policy," the court said faulting the amendment to Rule 6.2.4 that relaxed the clause prohibiting conflict of interest.
"It follows that any rule, contract or arrangement that actually defeats or tends to defeat the high ideals of fairness and objectivity in the discharge of public functions no matter by a private nongovernmental body will be opposed to public policy," the court said striking down the amendment as void and illegal.
Amazon Great Indian Festival Sale: If you want to buy a 5G support smartphone with the best camer
Shocking facts have come to light about the Zika virus that surfaced in Kerala during the second
Hemkunt Foundation set up a 500-bed temporary covid care center
Gurugram Covid patients are not getting beds in private and government hospitals. Family members
CBSE Result 2022: How was the CBSE 10th-12th result compared to the previous years, see here
CBSE Result 2022: The Central Board of Secondary Education/CBSE declared the results of both clas
In the second wave of the corona, the most problematic breath is that of oxygen. Patients are dyi
Three more swine flu deaths in Telangana, toll 25
Hyderabad, Jan 27 (IANS) Three more people died of swine flu in Telangana Tuesday, taking the to
Corona Vaccination: 100 crore doses of corona vaccine are going to be completed in India soon. Ac
Pak Army behind the attack? Imran Khan said - I will reveal the name of another officer
Former Prime Minister of Pakistan Imran Khan is lying behind the army. He threatened on Wednesday
The statement of Chairman and MD Mukesh Ambani has come to the fore after the separation of Jio F
Student burnt alive for speaking mother tongue in Mexico
At a school in Mexico, a 14-year-old student was burnt alive in a classroom by two of his peers.
