Lucknow bench of Allahabad High Court

Lucknow bench of Allahabad High Court

Subject: Polity

Section: Judiciary

Context: Lucknow bench of the Allahabad High Court on Thursday dismissed a public interest litigation (PIL) seeking direction to the Archeological Survey of India (ASI) to “open 22 sealed doors” of the Taj Mahal.

Concept:

• Petitioner’s filed PIL seeking direction for opening of sealed doors and removal of certain structures to facilitate historical study.
• Petitioner also sought direction from the court for appointing a fact-finding committee to study and publish the “real history” of the Taj Mahal. Thereby, the “controversy” around it may be put to rest.
• Court replied, “Determination of the question as to which particular methodology of research would yield correct results lies outside the scope of our jurisdiction and powers of judicial review (under Article 226)”.
• While exercising our jurisdiction under Article 226 of the Constitution of India, though it is said that this Court is a Court of plenary jurisdiction, however, the power of judicial review is circumscribed by certain well recognized and established legal principles; one of such principles is the doctrine of non-justiciability. Justiciability of an issue means amenability of the issue to be adjudicated upon by a judicial or quasi judicial process. The well known doctrine of non-jisticiability enunciates that if there are no judicially manageable standards available to a Court to adjudicate upon an issue, the petition of such a nature will not be maintainable.

About Taj Mahal

https://optimizeias.com/taj-mahal-unesco-world-heritage-site/