Presenting by: Anoop.c Ganesh.

p Silpa Sankar Sreejith Gopinath Vipin k

Introduction
Most modern legal systems allow the

courts to review administrative acts; i.e., individual decisions of a public body, such as a decision to grant a subsidy or to withdraw a residence permit. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority.

JUDICIAL REVIEW
It is a process where a court of law is asked to rule on the appropriateness of the decision of an administrative agency or tribunal. It is the right of supreme court to review any law made by the government. Judicial review is a fundamental principle of administrative law.

Judicial Review of Administrative Actions:Most modern legal systems allow the court to review administrative acts. It also includes review of secondary legislation. Administrative authorities who have to exercise powers conferred by law must be act within the limits prescribed by law.

Categories:1.Judicial Review on discretionary power of the Administrative Authorities. 2.Judicial Review on proportionality of administrative action. 3.Judicial Review on violation of legal rights. 4.Judicial Review on delegated legislation.

1. Discretionary power of the Administrative Authorities.

Discretionary power refers to the power to decide or act according to ones own judgement. The court have only limited power to interfere.

1.a) Failure to exercise discretion

The main object of conferring discretionary power on administrative authority is that the authority itself must exercise the said powers

Failure to exercise discretion may arise under:Sub delegation of discretionary power Impose fetters on discretion by adopting fixed rules of policy Acting under direction given by the superior authority Non application of mind

1.b) Excess or abuse of discretion

When discretionary power is conferred on an administrative authority, it must be exercised according to law. but when the mode of exercising a valid power is improper there is an abuse of the power.

Abuse of discretion render the action of the authority void when

Absence of power Exceeding jurisdiction Leaving out relevant consideration Power exercised maliciously Improper purpose Colourable exercise of power Unreasonableness

2 .Doctrine of proportionality
If an action taken by any authority is contrary to law, improper, unreasonable ,a court of law can interferer with such action by exercising power of judicial review.Such modes of exercising power is called doctrine of proportionality. Usually applied in cases relating to disciplinary actions by employers

3.Doctrine of legitimate expectation

Power of judicial review will be exercised when the act of authority is found to be unfair and against ones reasonable expectations

4 Judicial review on delegated legislation

For a delegated legislation to be valid, Parent Act must not be unconstitutional Validity of delegated legislation determined by applying two tests a. Substative ultra vires test b. Procedural ultra vires test

Substantive ultra vires test

If the delegated legislation has gone beyond the scope of the authority conffered on the executive by the Parent Act or by the constitution , the delegated legislation would be declared invalid on the ground of substantive ultra vires.

Circumstances under which delegated legislation would be declared substantive ultra vires
When the Parent Act or enabling statute is unconstitutional. When it is violative of the Parent Act or enabling statue. On the grounds of unreasonableness. If there is proof for being exercised not in good faith.

If there is subdelegation. If a rule made by Administrative authority excludes the power of Judicial review. If any rule is made with retrospective effect by any authority.

Procedural ultra vires:

If a subordinate legislation fails to comply with certain procedural requirements prescribed by the Parent Act or by the General Law.

CONCLUSION

Judicial review is a process where a court of law is asked to rule on the appropriateness of the decision of an administrative agency or tribunal. Judicial review is a fundamental principle of administrative law. Judicial review is a user friendly term used by many jurisdictions to encompass the more traditionally named remedies of mandamous prohibition , certiorari and habeas corpus.