The biggest check over administrative action is the power of judicial review. Elaborate.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
The biggest check over administrative action is the power of judicial review. Elaborate.

Answer & Explanation:

Judicial review is the authority of Courts to declare void the acts of the legislature and executive, if they are found in violation of provisions of the Constitution. Judicial Review is the power of the highest Court of a jurisdiction to invalidate on Constitutional grounds, the acts of other Government agency within that jurisdiction. The doctrine of judicial review has been originated and developed by the American Supreme Court, although there is no express provision in the American Constitution for judicial review. Judicial review is not an appeal from a decision but a review of the manner in which the decision was made. It is concerned not with the decision but with the decision making process. In Mansukhlal Vithaldas Chauhan v. State of Gujarat, AIR 1997 SC 3400 , the Supreme Court held that while exercising the power of judicial review it does not sit as a court of appeal but merely reviews the manner in which the decision was made, particularly as the court lacks the expertise to correct the administrative decision and if a review of the administrative decision is permitted, it will be substituting its own decision which itself may be fallible. The court is to confine itself to the question of legality. Its concern should be: whether a decision making authority exceeding its power? committed an error of law? committed a breach of rules of natural justice? reached a decision which no reasonable tribunal would have reached, or abused its power? Judicial review is exercised at two stages: at the stage of delegation of discretion, and at the stage of exercise of administrative discretion.

Topics: Administrative Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic