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Judicial Review in Indian Law

Judicial review is a crucial component of the Indian legal system, allowing courts to examine the decisions and actions of administrative bodies. This guide explores the concept of judicial review in the context of Indian law, focusing on its application in administrative law.

Overview of Judicial Review​

Judicial review in India is governed by Article 32 of the Constitution, which grants citizens the right to move the Supreme Court for the enforcement of fundamental rights. This power is further elaborated upon in Article 226, which empowers High Courts to issue writs for the enforcement of fundamental rights.

The main statutes governing judicial review in India are:

  • Article 32 of the Constitution of India
  • Article 226 of the Constitution of India
  • Administrative Tribunals Act, 1985

Types of Writs​

Courts in India can issue several types of writs for judicial review:

  1. Habeas Corpus
  2. Mandamus
  3. Prohibition
  4. Certiorari
  5. Quo Warranto

Each of these writs erve a specific purpose in reviewing administrative actions.

Case Laws and Illustrations​

S.R. Bommayya v. State of Karnataka (2006)​

In this landmark case, the Supreme Court of India upheld the principle of judicial review, stating that "judicial review is an integral part of the rule of law and is essential for the protection of constitutional values." [1]

Legal Section Number: Not applicable (Supreme Court decision)

Illustration: The court reviewed a government order cancelling a mining lease, holding that the decision was arbitrary and violated the principles of natural justice.

Union of India v. R.K. Sabharwal (1955)​

This case established the doctrine of "non est factum" in administrative law, which holds that an administrative action cannot be justified simply because it was done in good faith.

Legal Section Number: Not applicable (Supreme Court decision)

Illustration: The court quashed a government order appointing a person to a position, ruling that the appointment was invalid due to procedural irregularities.

Centre for PIL v. Union of India (2018)​

In this recent case, the Supreme Court held that the National Green Tribunal's decision to grant environmental clearance to a project was not sustainable and needed to be reviewed.

Legal Section Number: Not applicable (Supreme Court decision)

Illustration: The court emphasized the importance of transparency in administrative decision-making and ordered a fresh evaluation of the project's environmental impact.

Practical Application​

Judicial review plays a vital role in ensuring accountability in the administration of justice. Students of law and LLB programs should be familiar with:

  1. The grounds for judicial review
  2. The procedures for filing petitions
  3. The hierarchy of courts in India and their jurisdiction over administrative matters

Understanding these aspects is crucial for effective advocacy and legal practice in India.

Conclusion​

Judicial review is a cornerstone of India's democratic system, providing a safeguard against arbitrary executive action. As students of law and aspiring lawyers, it is essential to grasp the intricacies of judicial review and its practical applications in administrative law.

References: [1] S.R. Bommayya v. State of Karnataka, AIR 2006 SC 3055

Judicial Review in Indian Law

Judicial review is a crucial component of the Indian legal system, allowing courts to examine the decisions and actions of administrative bodies. This guide explores the concept of judicial review in the context of Indian law, focusing on its application in administrative law.

Overview of Judicial Review​

Judicial review in India is governed by Article 32 of the Constitution, which grants citizens the right to move the Supreme Court for the enforcement of fundamental rights. This power is further elaborated upon in Article 226, which empowers High Courts to issue writs for the enforcement of fundamental rights.

The main statutes governing judicial review in India are:

  • Article 32 of the Constitution of India
  • Article 226 of the Constitution of India
  • Administrative Tribunals Act, 1985

Types of Writs​

Courts in India can issue several types of writs for judicial review:

  1. Habeas Corpus
  2. Mandamus
  3. Prohibition
  4. Certiorari
  5. Quo Warranto

Each of these writs erve a specific purpose in reviewing administrative actions.

Case Laws and Illustrations​

S.R. Bommayya v. State of Karnataka (2006)​

In this landmark case, the Supreme Court of India upheld the principle of judicial review, stating that "judicial review is an integral part of the rule of law and is essential for the protection of constitutional values." [1]

Legal Section Number: Not applicable (Supreme Court decision)

Illustration: The court reviewed a government order cancelling a mining lease, holding that the decision was arbitrary and violated the principles of natural justice.

Union of India v. R.K. Sabharwal (1955)​

This case established the doctrine of "non est factum" in administrative law, which holds that an administrative action cannot be justified simply because it was done in good faith.

Legal Section Number: Not applicable (Supreme Court decision)

Illustration: The court quashed a government order appointing a person to a position, ruling that the appointment was invalid due to procedural irregularities.

Centre for PIL v. Union of India (2018)​

In this recent case, the Supreme Court held that the National Green Tribunal's decision to grant environmental clearance to a project was not sustainable and needed to be reviewed.

Legal Section Number: Not applicable (Supreme Court decision)

Illustration: The court emphasized the importance of transparency in administrative decision-making and ordered a fresh evaluation of the project's environmental impact.

Practical Application​

Judicial review plays a vital role in ensuring accountability in the administration of justice. Students of law and LLB programs should be familiar with:

  1. The grounds for judicial review
  2. The procedures for filing petitions
  3. The hierarchy of courts in India and their jurisdiction over administrative matters

Understanding these aspects is crucial for effective advocacy and legal practice in India.

Conclusion​

Judicial review is a cornerstone of India's democratic system, providing a safeguard against arbitrary executive action. As students of law and aspiring lawyers, it is essential to grasp the intricacies of judicial review and its practical applications in administrative law.

References: [1] S.R. Bommayya v. State of Karnataka, AIR 2006 SC 3055