Author: Mayank Yadav, Student at Amity University, Lucknow
Co-Author: Sandeep Mishra, Assistant professor at Amity University, Lucknow
ABSTRACT
This research paper examines the fundamental principles and grounds for judicial review of administrative action, with the goal of providing a thorough overview of the legal landscape surrounding this critical aspect of administrative law. The paper examines the historical development of judicial review, its conceptual underpinnings, and the various grounds on which courts can intervene in administrative decisions. The study explains the changing nature of judicial review and its importance in ensuring the accountability, legality, and fairness of administrative actions by examining key cases and legal theories. The analysis includes both common law jurisdictions and international perspectives to provide a comprehensive understanding of the subject.
Where there is a written constitution, the courts also serve the additional function of ensuring the supremacy of the constitution by interpreting and applying its provisions while keeping all authorities within its bounds. Judicial review is an excellent institution and a critical component of the system of checks and balances, without which no democracy worth its name can function. Judicial Review is an aspect of the state’s judicial power that the courts use to determine the validity of a rule of law or an action taken by any state agency.
The courts exercise control over administrative actions through writs of habeas corpus, mandamus, certiorari, prohibition, and quo warranto. Statutes, statutory instruments, precedents, and customs serve as important sources of administrative law. The paper discusses the ultra vires doctrine as well as judicial review remedies. And judicial control has grown in importance in administrative law as courts have proven to be more effective and useful than legislative or administrative powers.
Keywords: Judicial review, Administrative Law, Accountability, Legality, Fairness, Common Law, International Perspectives.
