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Judicial Deference To Administrative Expertise: Balance Between Law And Policy




Nagalakshmi R, B.Sc. LL.B. (Hons.), Ramaiah University of Applied Sciences, School of Law, Bengaluru


ABSTRACT


Administrative decision-making in India has become more complex as regulatory organisations, specialised agencies, and policy-driven governance have grown in number. The court, as the custodian of constitutional law, is frequently faced with the difficult task of assessing how much it should intervene in administrative operations requiring technical or policy knowledge. Judicial deference, or the idea that courts should accept the specialised knowledge of administrative authorities, is critical to institutional harmony and efficiency. However, undue deference threatens to undermine the norms of accountability and legality.


This study examines how Indian courts have addressed judicial deference to administrative expertise. It traces the growth of the doctrine through constitutional principles, judicial interpretations, and administrative reforms. Drawing on sources such as the Second Administrative Reforms Commission (ARC) Report, this study advocates for a balanced framework that permits courts to verify legality while also recognising administrative discretion. Comparative observations from the United Kingdom and the United States are also examined to provide a global perspective. The study finishes by providing research-based remedies for a clearer philosophy of judicial deference in India that balances administrative autonomy and constitutional duty.


Keywords: Judicial Deference, Administrative Law, Policy Review, Separation of Powers, Administrative Expertise, Indian Judiciary, Governance, Accountability.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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