The case of Saleemulla v. Bangladesh can be cited to exemplify such positive shift of our judiciary, which concerns the constitutionality of the decision of then Government to send troops to Haiti to join UN force. In rejecting the contention that the decision was in violation of article 25 of the constitution, the High Court Division held this decision of the government not to be contrary to the fundamental principles of state policy.
Though the court in this case mentioned clearly that the fundamental principles of state policy are not judicially enforceable, but at the same time court tries to confirm that the decision was not in contrary to the fundamental principles of state policy. This addition weakens the earlier clear stand of the court regarding non-enforceability of the fundamental principles of state policy by implying the assumption that if the action of the government were found contrary to the fundamental principles, the court’s decision would otherwise be different.
