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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NAME OF THE STUDENT-Anamika Singh.


TOPIC OF THE PEOJECTJudicial control mechanism on administrative actions.
SEMESTER-VIth
ROLL NO.-2013021
SUBJECT-Administrative Law
RESEARCH METHODOLOGY-The research methodology is doctrinal.
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General Introduction
Tests of judicial Control
Substantive ultra vires
Definition
Principle explained
Circumstances
Procedural Ultra vires
Principle explained
Requirements

ABSTRACT

The courts have power and authority to declare the law and give a binding and authoritative
decision between the parties before it and carry it into effect".
Honble judges exercise judicial power with the power and authority of judicial review i.e. a
courts power to review the actions of other branches of government, especially the courts
power to invalidate legislative and executive actions as being unconstitutional. 1 Judicial
Review of Administrative action is part of enforcing the constitutional discipline over the
administrative agencies while exercising their powers. It has origin in England which
traveled in common law countries. India too inherited the idea of judicial review from
England. India had laid its structure on English prerogative with pattern which was issued by
the court of King's Bench with a view to exercise general superintendence over the due
observance of law by officials/ authorities while performing judicial or non-judicial
functions.
India is lucky enough to have a Constitution in which the fundamental rights
are enshrined and which has appointed an independent judiciary as the bulwark of the
citizens liberties against the forces of authoritarianism.2
To take recourse of judicial review is the evolution of the nature human thought. Law must be
in conformity with the constitution. If Law exceeds in its limit, it is not law but a mere
presence of law. Law must be just, virtuous and capable of bringing human prosperity and
not arbitrary, unjust, violative of the constitution. In law, rightly established a great part of
the well being of humanity consists; under unjust laws, there is servitude and oppression and
unbearable misery of citizens from which, in the end, the dissolution of the state follows.3
Judicial Review is a great weapon through which arbitrary, unjust, harassing and UN
constitutional laws are checked. Judicial review is the cornerstone of constitutionalism,
which implies limited Government.4 In this connection Prof. Rao remarks: In a democracy
public opinion is passive, and in India it is still worse, and that is all the reason why it is
imperative that judiciary should come to our rescue. Otherwise. the Constitution
becomes ill balanced, and leans heavily on Executive Supremacy and tyranny of the majority;
and that was not the intention of the Makers.

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