S
Sahaj Vidhi
Law Optional 2023 Paper I solved

Explain and elucidate the grounds of judicial review for administrative action, by quoting decided cases on the subject.

Verified Answer

  1. Core Legal Answer & Context: Judicial review of administrative action is a vital mechanism to ensure that public authorities act within the bounds of their powers, fairly, and reasonably, thereby upholding the rule of law. The primary grounds for judicial review, largely adopted from English common law, are categorized as illegality, irrationality, and procedural impropriety.

  2. Relevant Statutes and Sections:

  • Article 32: Empowers the Supreme Court to issue writs for the enforcement of fundamental rights.
  • Article 226: Empowers High Courts to issue writs for the enforcement of fundamental rights and for 'any other purpose'.
  • Article 136: Grants the Supreme Court special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed or made by any court or tribunal.
  1. Important Landmark Cases:
  • Council of Civil Service Unions v. Minister for the Civil Service (GCHQ Case) (1985) (UK): Lord Diplock famously categorized the grounds for judicial review as illegality, irrationality, and procedural impropriety. These categories have been widely adopted in India.
    • Illegality: The decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it. (e.g., acting ultra vires, error of law).
    • Irrationality (Wednesbury Unreasonableness): A decision is irrational if it is so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it. (From Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948) (UK)).
    • Procedural Impropriety: Failure to observe basic rules of natural justice or failure to observe procedural rules expressly laid down in the enabling statute.
  • Tata Cellular v. Union of India (1994): The Supreme Court of India summarized the principles of judicial review, largely endorsing the GCHQ grounds, emphasizing that the court's role is to review the decision-making process, not the merits of the decision itself.
  1. Clear Conclusion: Judicial review serves as a critical check on administrative power, ensuring accountability and preventing arbitrary exercise of authority. By scrutinizing administrative actions on grounds of illegality, irrationality, and procedural impropriety, courts safeguard citizens' rights and maintain the balance between administrative efficiency and the rule of law.