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Judicial Control

Judicial review allows courts to invalidate legislative and executive actions that violate the Constitution, a principle established by the American Supreme Court and explicitly provided for in the Indian Constitution. Article 13 of the Indian Constitution declares pre-existing laws void if inconsistent with it, and judicial review can also address excessive delegation of legislative power. The grounds for judicial review include illegality, irrationality, and procedural impropriety, ensuring that decision-making bodies act fairly and within their authority.

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10 views10 pages

Judicial Control

Judicial review allows courts to invalidate legislative and executive actions that violate the Constitution, a principle established by the American Supreme Court and explicitly provided for in the Indian Constitution. Article 13 of the Indian Constitution declares pre-existing laws void if inconsistent with it, and judicial review can also address excessive delegation of legislative power. The grounds for judicial review include illegality, irrationality, and procedural impropriety, ensuring that decision-making bodies act fairly and within their authority.

Uploaded by

manu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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JUDICIAL
CONTROL
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Judicial Control of Administrative Action

 Judicial review is the authority of courts to declare void the acts


of the legislature and executive, if they are found in the
violations of the provisions of the Constitution.

 This doctrine originated and developed by American Supreme


Court, although there is no express provision in the American
Constitution for the judicial review.

 In Marbury v Madison , SC made it clear that it has the power


of JR.

 The Constitution of India provides expressly for JR.


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Article 13

 Article 13 (1) provides that laws in force in the territory of India


immediately before the commencement of the Constitution of
India, shall be inconsistent to the extent of its inconsistency, be
declared void. ( Art 13(2) with post constitutional laws)

 The doctrine of ultra- vires is very effective in controlling the


delegation of legislative function by the legislature.

 Delegation without laying down the legislative policy or standard


will amount to abdication of essential legislative function by the
legislature.
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 The delegation of essential legislative function falls in the


category of excessive delegated legislation and such delegation
is not permissible.

 The power of judicial review not only controls a legislative but


also the executive or administrative act

 Where the act of the executive or administration is found ultra


vires the Constitution or the relevant act, it is declared ultra vires
and therefore void.
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 The judicial review is not an appeal from a decision but a review


of the manner in which decision has been made.

 Supreme Court expressed the view that in exercise of the power


of judicial review court should observe self restrain and confine
itself with the question of legality:

1. Whether decision making authority exceeded their power?

2. Committed an error of law?

3. Committed the violations rules of natural justice?


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4. Reached a decision which no reasonable tribunal would have


reached, or

5. Abused its power?


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Grounds

 The extent of the duty to act fairly vary from case to case. The
aforesaid grounds may be classified as under:

1. Illegality

2. Irrationality and

3. Procedural Impropriety
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Judicial Review is the Supervisory
Jurisdiction

 The court will see that the decision making body acts fairly

 Whenever its act is found arbitrary and unreasonable, it is


declared, ultra vires and, therefore void.

 In exercising the discretionary power the principles laid down


under article 14 of the Constitution have to be kept in view.

 The administrative action is subject to judicial review on the


ground of procedural impropriety.
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If the procedure requirement laid down in the statute is mandatory


and it is not complied, the exercise of power will be bad.

The procedural requirement is mandatory or the court decides


directory.

In the case of violation of principles of natural justice, the order will


be held to be void.
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 The judicial debuts the basic structure of the Constitution, which


has been interested to constitutional courts namely the Supreme
Court and high courts under article 32 and article 226
respectively.

 Any statute cannot exclude the jurisdiction under these articles.

 In Indira Nehru Gandhi vs Raj Narain (1975) SC held even


where the Constitution itself provides that action of the
administrative authority shall be final the judicial review provided
under article 32, 136, 26 and 227 is not barred. Judicial review is
part of the basic structure of the constitution.

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