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What is judicial control of administrative action?

What is judicial control of administrative action?

Meaning of Judicial Review or Judicial Control of Administrative Action
‘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”.

  • 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
  • Writs
    • Mandamus
    • Certiorari
    • Prohibition
    • 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



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