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Which article of Constitution of India describes the types of writs for judicial review of administrative actions?

Which article of Constitution of India describes the types of writs for judicial review of administrative actions?

There are five types of writs under Article of 32, and Article of 226 of Constitution of India –

  • Habeas Corpus writ
  • Mandamus writ
  • Quo Warranto
  • Prohibition
  • Certiorari.

Meaning of 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:
1. Judicial Review of Legislative Actions
2. Judicial Review of Administrative Actions
3. Judicial Review of Judicial Actions

We are dealing with second aspects, namely Judicial Review of Administrative Actions.

Administrative action is the residuary action which is neither legislative nor judicial. It is concerned with the treatment of a particular situation and is devoid of generality. It has no procedural obligations of collecting evidence and weighing argument. It is based on subjective satisfaction where decision is based on policy and expediency. It does not decide a right though it may affect a right. However, it does not mean that the principles of natural justice can be ignored completely when the authority is exercising “administrative powers”. Unless the statute provides otherwise, a minimum of the principles of natural justice must always be observed depending on the fact situation of each case.

 


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