Judicial Review Of Administrative Action In India: Safeguarding Fundamental Rights And Ensuring Accountability
- IJLLR Journal
- 15 minutes ago
- 2 min read
Rashiqa Akhtar, B.A. LL.B., Jamia Millia Islamia, New Delhi
Mohd Rehbar khan, B.A.LL.B., Jamia Millia Islamia, New Delhi
ABSTRACT
Administrative law has emerged as an increasingly important and evolving field within the legal luminaries, especially in India, where it has gained significance since the mid-20th century. This branch of law addresses the increasing role of the state in regulating various aspects of public life and welfare. In earlier times, where state intervention was primarily limited to maintaining public order and managing foreign affairs, but in today's world, the government plays a far more active role in addressing a wide range of social and economic issues, which often requires intervention in the everyday lives of citizens. These actions, which are distinct from judicial or legislative actions, are categorized as administrative actions and are performed by public administrative bodies within the framework of law. However, as the state increasingly assumes a more active role, granting discretionary powers to administrative bodies, the potential for misuse of these powers grows., That's where the concept of administrative discretion becomes important which ensures decisions are made based on reason and justice. Yet, without checks and balances, such discretion could result in arbitrary decisions and discrimination. Judicial review becomes essential in this perspective, serving as a safeguard to ensure that administrative actions align with constitutional principles and legal standards. Judicial review of administrative actions is vital in ensuring accountability and legality in the functioning of discretionary powers, addressing concerns such as irrationality, procedural errors, and disproportionate actions. Further it also upholds the principles of natural justice, thereby protecting the rights of individuals and adhering to the rule of law. The necessity of judicial review lies in striking a balance between empowering administrative bodies to function effectively and holding them accountable to the Constitution, this balance is crucial for the functioning of a democratic society and ensures that the rule of law is maintained, protecting the rights of individuals while allowing the government to act in the public interest.
Keywords: Administrative law, judicial review, rule of law, separation of power
