NEW DELHI, June 3 : While raising several questions at the Union Government's COVID vaccination policy and making a prima facie observation certain aspects of the policy are "arbitrary and irrational", the Supreme Court has taken efforts to clarify that it is not breaching the principle of separation of powers and that it is only performing a role envisaged by the Constitution.

"Our Constitution does not envisage courts to be silent spectators when constitutional rights of citizens are infringed by executive policies", a bench comprising Justices DY Chandrachud, L Nageswara Rao and S Ravindra Bhat observed in the suo moto case In Re Distribution of Essential Services and Supplies During Pandemic.

"Judicial review and soliciting constitutional justification for policies formulated by the executive is an essential function, which the courts are entrusted to perform", the bench observed in the order which highlighted several issues in the Liberalized Vaccination Policy formulated by the Union Government.  The order noted that courts across the globe have responded to constitutional challenges to executive policies that have directly or indirectly violated rights and liberties of citizens.

Our Constitution does not envisage courts to be silent spectators when constitutional rights of citizens are infringed by executive policies", a bench comprising Justices DY Chandrachud, L Nageswara Rao and S Ravindra Bhat observed in the suo moto case In Re Distribution of Essential Services and Supplies During Pandemic.

The order noted that courts across the globe have responded to constitutional challenges to executive policies that have directly or indirectly violated rights and liberties of citizens.