Public Law 2022 Judicial Review

JUDICIAL REVIEW OF ADMINISTRATIVE ACTION

In simple terms it is a review by judiciary.
Marbury v. Madison (1803), was a landmark U.S. Supreme Court case that
established the principle of judicial review in the United States, meaning that
American courts have the power to strike down laws, statutes, and some
government actions that they find to violate the Constitution of the United
States.

Scope of Judicial Review

In India, the power of Judicial review is not absolute. We must note that there
are certain administrative matters which do not come under the purview
judicial review. Whether it is policy decisions of the government or of the
executive authority which ordinarily should not be interfered by the courts
unless and until they are in violation of any statutory law.
Union of India v. International Trading Co. (2003)
In this case the Central Government had initially decided to locate the headquarters
of South Western Railways at Bangalore. Later it was decided to locate it at Hubli,
and this decision was challenged. The Supreme Court held that it was a policy
decision and hence the Court cannot interfere, even if the decision was political.

B.A.L.C.O. Employees Union (regd.) v. Union of India (2006)

It was observed that it is neither within the domain of the courts nor the scope of
the judicial review to embark upon an enquiry as to whether a particular public
policy is wise or whether better public policy can be evolved. Courts are not inclined
to strike down a policy at the behest of a petitioner merely because it has been
urged that a different policy would have been fairer or wiser or more scientific or
more logical Unless the policy or action is inconsistent with the Constitution and the
laws or arbitrary or irrational or abuse of the power, the Court will not interfere
with such matters.

Similarly, maintenance of law and order is an executive function, and the

courts should not ordinarily interfere with the same
Apart from that, practically every legal system recognises certain subjects as
inappropriate for judicial review e.g., foreign affairs, declaration of wars, etc.

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Public Law 2022 Judicial Review

Can you Bypass Judicial Review?

S.P. Sampath Kumar v. Union of India (1987)
The Constitutional validity of Article 323A and the provisions of the Administrative
Tribunals Act was challenged on the ground that it excluded the jurisdiction of High
Court under Article 226 and 227. Supreme Court held that Article 323A and
Administrative Tribunals Act was valid as it has not excluded Judicial Review of
Supreme court under Article 32 and 136, so, It was not proved beyond reasonable
doubt that Article 323A and Administrative Tribunals Act destroyed the basic
structure and the Court upheld their validity.

L. Chandra Kumar v. Union of India (1997)

The provisions of Administrative Tribunal Act were already amended by the time of
the Decision of this case. So, it decided on the validity of 323A and 323B.
The Supreme Court struck down clause 2(d)of Article 323A and clause 3(d) of Article
323B as they excluded the jurisdiction of High court under Article 226 and 227 as
well as jurisdiction of Supreme Court under Article 32 which damages the power of
Judicial Review (which is a basic feature of the Indian constitution) of Constitutional
courts.

Judicial Review can be divided into the following heads.

1. Judicial Review of Legislative Actions: Which we saw happening plenty of
times when we studied ‘basic structure doctrine’.
2. Judicial review of Judicial Actions: When Judiciary overrules any previous
judgement.
3. Judicial Review of Administrative Actions: When it comes to Judicial Review of
Administrative actions, GCHQ case (Council of Civil Service Union v. Minister
of Civil Services (1984)) is one of the most landmark cases.
In this case Lord Diplock held that even administrative action is subject to
judicial review, if it is Illegal or irrational or has Procedural Impropriety.

Grounds for judicial review on the administrative actions.

Violation of Natural Justice

Illegality

Jurisdictional Error

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 Public Law 2022 Judicial Review

Irrationality (Wednesbury Principle)

Up to 1947 the law in England was that the courts could interfere only with judicial
or quasi-judicial decisions and not with administrative decisions. This legal position
changed after Associated Provincial Picture Houses Ltd. v. Wednesbury
Corporation. in which Lord Greene gave the Wednesbury Principle.

Wednesbury principle: Something so absurd that no sensible person could ever

dream that it lay within the powers of the authority. The courts often intervene to
quash as illegal the exercise of administrative discretion on the ground that it suffers
from "Wednesbury unreasonableness"
There may be degrees of unreasonableness but Wednesbury unreasonableness
refers only to the extreme degree of unreasonableness which no sensible person
could reach after taking into account the relevant materials or relevant
considerations.

Procedural Impropriety
Doctrine of Proportionality
Doctrine of Legitimate Expectation.
This doctrine serves as a ground of judicial review to protect the
interest when a public authority rescinds from a representation made
to a person.
State of Kerala V. K.G. Madhavan Pillai (1988).
A sanction was issued for the respondents to open a new aided school
and to upgrade the existing schools, but another order was issued 15
days later to suspend the previous sanction. This order was challenged
for violation of principles of natural justice. The preferred SC ruled that
the sanction had entitled the respondents with legitimate expectation
and the second order violated concepts of natural justice

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