Where the design of a policy lies within the executive domain, does the separation of powers bar the Court from intervening when fundamental rights are violated by the absence of any policy?

No. The executive is vested with the competence and authority to draft policies, but this constitutionally protected separation of powers cannot in any scenario come in the way of the Judiciary when the fundamental rights of citizens are violated due to executive policies, or by lack of them, and the constitutional duty of the Court to safeguard the rights of citizens cannot be eclipsed.

Constitution of India — Art. 21 — Art. 14 — Art. 41 — Art. 47 — Motor Vehicles Act, 1988 — s.164 — Adverse Event Following Immunization — No-fault compensation — State-led public health intervention — Constitution of India — Art. 21 — State-led public health intervention — Positive obligation of redress — Held: Article 21 embodies a positive obligation of the State to ensure that where grave harm is alleged in the course of a State-led public health intervention, affected families are not left without any accessible mechanism of redress; the absence of such an institutional framework raises constitutional concerns. (¶20, 27) Constitution of India — Art. 14 — Negligence-based remedies — Ill-suited in a mass immunization program — Held further: To insist upon proof of negligence and fault in each case would impose an onerous burden upon affected families, and a multiplicity of individual proceedings risks inconsistent outcomes and unequal access to relief, thereby undermining the guarantee of equality under Article 14. (¶26) Motor Vehicles Act, 1988 — s.164 — No-fault liability — Swift relief without inquiry into fault — Held further: The principle of no-fault liability is not alien to Indian law, certain categories of harm requiring swift relief without prolonged inquiry into fault. The relationship between the individual and the State cannot be viewed through the prism of fault-based liability. (¶27, 28) Constitution of India — Separation of powers — Absence of a policy — Directions to frame one — Held further: Separation of powers cannot in any scenario come in the way of the Judiciary when fundamental rights are violated due to executive policies, or by lack of them; the Union is directed to formulate a no-fault compensation framework for serious adverse events following immunisation. Writ petition disposed of. (¶33, 37, 38)

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