Agnipath Scheme

Context:       

• Recently, Delhi High Court upheld the Constitutional validity of the Agnipath scheme.

Delhi High Court Observation

• “Unless a policy decision made by the government is clearly capricious or arbitrary, or if it suffers from the vice of discrimination or violates any law or provision of the Constitution, this Court is not to question the propriety of such a policy decision.”
• Policy decisions with regard to national security are taken after careful consideration of the socio-political scenario of the country, along with the socio-political scenario of the border countries.
• The Courts cannot and should not delve into the appropriateness of such policy decisions and, thus, endanger one of the most important aspects of the basic structure doctrine, i.e., the principle of separation of powers.