The Power of the Judiciary to ascertain the legitimacy of executive actions vis-a-vis Essentials, Modus operandi and Dictums
Anmol Singh Khanuja, NMIMS School of Law
Abstract
With the recent as well as historical developments in the field of Administrative Law, it can be observed that many powers are given to the Administration or the executive. Hence, when special powers are given to any executive body then it is necessary to keep checks and balances, so as to ensure and endure the separation of powers in a Democracy. So, it is the job of the Judiciary to determine the legitimacy of any action taken by the executive which may intrude upon the rights and liabilities of any Individual. Hence, this paper analyses the principles and essentials that are to be kept in mind while ascertaining the legitimacy of any administrative action, and then through which ways can the judiciary ascertain the same.
