This article on ‘Judicial Review of Administrative Action’ was written by Ankita Lode, an intern at Legal Upanishad.
Introduction:
The concept of judicial review of administrative action in India is an integral part of the country’s legal framework. It refers to the power of the judiciary to review and examine the decisions and actions of administrative bodies or authorities. This power is essential in ensuring that administrative decisions are made within the ambit of the law and do not violate the rights of citizens.
In India, the Constitution provides for the separation of powers between the legislature, executive, and judiciary. The judiciary is responsible for interpreting the Constitution and upholding its values. The power of judicial review of administrative action is an essential element of this responsibility.
This article will examine the concept of judicial review of administrative action in India, its legal framework, and the case laws that have shaped its evolution over the years.
Administrative Action:
Administrative action refers to any action taken by an administrative body or authority. It includes decisions, orders, policies, rules, and regulations. Administrative actions can have far-reaching consequences for individuals and society at large. Therefore, it is essential that they are taken within the ambit of the law and do not violate any rights.
Legal Framework:
The Constitution of India lays down the legal framework for judicial review of administrative action in the country. Article 226 of the Constitution empowers the High Courts to issue writs for the enforcement of fundamental rights and for any other purpose. Similarly, Article 32 provides for the right to move the Supreme Court for the enforcement of fundamental rights.
Under the legal framework, judicial review can be conducted on various grounds, including procedural irregularities, lack of jurisdiction, abuse of power, irrationality, unreasonableness, and violation of fundamental rights.
Grounds for Judicial Review:
The grounds for judicial review of administrative action in India are numerous. These include:
- Procedural irregularities – Administrative actions must be taken in accordance with the prescribed procedures. Any deviation from the prescribed procedures can be challenged through judicial review.
- Lack of jurisdiction – Administrative bodies or authorities must act within their jurisdiction. Any action taken beyond the scope of their jurisdiction can be challenged through judicial review.
- Abuse of power – Administrative bodies or authorities must exercise their powers reasonably and in the public interest. Any action taken for personal gain or to the detriment of public interest can be challenged through judicial review.
- Irrationality – Administrative actions must be rational and based on relevant factors. Any action that is arbitrary or capricious can be challenged through judicial review.
- Unreasonableness – Administrative actions must be reasonable and proportionate. Any action that is disproportionate or unreasonable can be challenged through judicial review.
- Violation of fundamental rights – Administrative actions must not violate the fundamental rights of citizens. Any action that violates fundamental rights can be challenged through judicial review.
Case Laws:
Over the years, several case laws have shaped the evolution of judicial review of administrative action in India. These cases have set important precedents and helped define judicial review’s scope and limitations. Some of the notable case laws are:
- Kesavananda Bharati v. State of Kerala (1973) – This landmark case established the doctrine of basic structure, which holds that certain provisions of the Constitution are beyond the amending power of the legislature. The case also established the supremacy of the Constitution and the power of judicial review.
- State of Rajasthan v. Union of India (1977) – This case established the principle of non-arbitrariness, which requires that administrative actions must not be arbitrary or capricious. The case also held that the burden of proof lies on the administrative authority to show that its actions are not arbitrary.
- Union of India v. Tata Iron and Steel Co. (2001) – This case established the principle of proportionality, which requires that administrative actions must be proportionate to the objective sought to be achieved. The case also held that the reasonableness of administrative actions must be judged on the basis of the facts and circumstances of each case.
Conclusion:
In conclusion, the concept of judicial review of administrative action is an essential component of the Indian legal system. It ensures that administrative decisions are made within the ambit of the law and do not violate the rights of citizens. The legal framework for judicial review is laid down in the Constitution of India, which empowers the judiciary to review administrative actions on various grounds.
Over the years, several case laws have shaped the evolution of judicial review and have helped define its scope and limitations. The principles of natural justice, non-arbitrariness, proportionality, and fundamental rights have been established through these cases. Overall, judicial review of administrative action in India is a vital tool in ensuring good governance and upholding the rule of law.
Bibliography:
Cases:
- Kesavananda Bharati v. State of Kerala (1973) AIR 1973 SC 1461.
- Maneka Gandhi v. Union of India (1978) AIR 1978 SC 597.
- Olga Tellis v. Bombay Municipal Corporation (1985) AIR 1986 SC 180.
- State of Rajasthan v. Union of India (1977) AIR 1977 SC 1361.
- S.P. Gupta v. Union of India (1981) AIR 1982 SC 149.
- Union of India v. Tata Iron and Steel Co. (2001) AIR 2001 SC 1189.
Websites:
- Usha Antharvedi, Judicial Review of Administrative Actions and Principles, SSRN, 11 March 2008, available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1104955
- Justice Syed Shah Mohammed Quadri, Judicial Review of Administrative Action, Eastern Book Company, available at: https://www.ebc-india.com/lawyer/articles/2001v6a1.htm
- Sushmita Chaudhary, Judicial Review of Administrative Action, iPleaders Blog, 3 July 2020, available at: https://blog.ipleaders.in/judicial-review-administrative-action-2/