The aggrieved or impacted party must file an application or appeal before the high court can use judicial review. The high court may also enter “the domain of judicial overreach” in the absence of any such application. This refers to the exercise of authority without a valid reason and is considered to be an interference and encroachment on the legislative and executive branches.
The SC pointed out that the beneficiaries of the new policy were taken by surprise when the high court struck it down because no comments were requested from FGEHA and they were neither notified nor involved in the process. Justice Malik stated that it was necessary to hear from all parties involved and beneficiaries before making a decision. He also stated that this was enough to remand the case to the IHC so that the appeal and petitions could be heard again and everyone could have a chance to address the issues raised.
