Understanding Judicial Review in Administration

  • Ruparekha Jena and Shreyasi Nath
  • Show Author Details
  • Ruparekha Jena

    Student at KIIT School of Law, Bhubaneswar, India

  • Shreyasi Nath

    Student at KIIT School of Law, Bhubaneswar, India

  • img Save PDF

Abstract

This manuscript briefly explains the nitty gritties of the Judicial review system in India. It describes the various roles and functions performed by the various authorities under this particular system. Judicial review in India deals with the legislative actions, judicial actions as well as administrative actions. There are several grounds on the basis of which the cases of judicial review can be taken upon. The manuscript talks about how exactly the judicial review system helps in maintaining an an equilibrium among the legislative, executive and the judiciary heads of the country. It talks about circumstances when an authority goes beyond the power that has been conferred in it and that might lead to an ultra vires judgement. The manuscript deals with the principle of irrationality, doctrine of legitimate expectation and many other instances where the need for judicial review can arise. The manuscript talks about the various remedies for judicial review of administrative actions are available in the form of writs that are elaborately described under Article 32 and Article 226 of the Constitution of India. These remedies include the five writs known as Habeas Corpus, Mandamus, quo warranto, Prohibition, Certiorari. The entire system of judicial review holds the crux of administrative law and more aspects pertinent to the same has been briefly discussed in the manuscript

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 152 - 159

DOI: https://doij.org/10.10000/IJLMH.112212

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021