Judicial Review : ‘Judicial review’ may be defined as a “Court’s power to review the actions of others branches of government, especially the Court’s power to invalidate legislative and executive actions as being unconstitutional”.
Broadly speaking, judicial review in India deals with these aspects:
I. Judicial Review of Legislative Actions
II. Judicial Review of Administrative Actions
III. Judicial Review of Judicial Actions
We are dealing with second aspects, namely Judicial Review of Administrative Actions.
Judicial Review of Administrative Actions
- Judicial Control of Administrative Action is the judicial review of the administration by the courts using principles developed by the courts themselves.
- The general trend is such that judicial review of administrative actions is widened and immunity restricting it is reduced
- Courts are empowered to take up action for the enforcement of Fundamental Rights
- Courts as final authority of determine legality of administrative action-problems and perspectives
- Exhaustion of administrative remedies
- Laches or unreasonable delay
- Res judicata says that the matter cannot be raised again, either in the same court or in a different court (of the same level).
- Grounds of Judicial Review of Administrative Action
- Jurisdictional error / ultra vires
- Abuse and non exercise of jurisdiction
- Error apparent on the face of the record
- Violation of principles of natural justice
- Violation of public policy
- Primary jurisdiction
- Doctrine of Legitimate Expectation
- Doctrine of public accountability
- Doctrine of proportionality
- Methods of Judicial Review
- Statutory appeals
- Public Interest Litigation
- Quo Warranto
- Habeas Corpus
- Declaratory judgments and injunctions
- Specific performance and civil suits for compensation
- Fact-finding commissions
- Finality Clause – clauses that put acts outside judicial review