Administrative Law Administrative Law and Judicial Review and Judicial Review

of of Administrative ActionAdministrative Action

141011141011

►According to Wade, administrative According to Wade, administrative law is law is the law relating to the the law relating to the control of powers of the control of powers of the executive authoritiesexecutive authorities. .

►To consider why such a law became To consider why such a law became necessary, we have to consider its necessary, we have to consider its historical backgroundhistorical background

►There are two kinds of controls on There are two kinds of controls on executive powers: 1. executive powers: 1. statutorystatutory, and , and 2. 2. non-statutornon-statutory. y.

► Statutory controlsStatutory controls are given in the statute are given in the statute (or rules or regulations made under the (or rules or regulations made under the statute). statute).

► Any executive action in violation of the same Any executive action in violation of the same will be declared illegal by the courts, by will be declared illegal by the courts, by applying the ultra vires doctrine. applying the ultra vires doctrine.

► An executive authority may also act An executive authority may also act unlawfully if it fails to perform a duty unlawfully if it fails to perform a duty imposed upon it by statute such as imposed upon it by statute such as maintenance of civic services by the maintenance of civic services by the Municipalities or other local bodies whose Municipalities or other local bodies whose duty under the statute is to maintain such duty under the statute is to maintain such services. services.

►Where the statute delegates a power Where the statute delegates a power to a particular authority, that to a particular authority, that authority cannot sub-delegate that authority cannot sub-delegate that power to another authority or person power to another authority or person unless the statute permits such sub-unless the statute permits such sub-delegation. delegation.

►Similarly, discretion exercised by the Similarly, discretion exercised by the prescribed authority on the direction prescribed authority on the direction of a higher authority would be illegal. of a higher authority would be illegal.

Some of the Some of the non-statutory controlsnon-statutory controls are: are:

► The Wednesbury principle The Wednesbury principle ► Rules of natural justice Rules of natural justice ► Proportionality See Teri Oat Estates Proportionality See Teri Oat Estates

(P) Ltd. v. Union Territory, (P) Ltd. v. Union Territory, Chandigarh, Union of India v. Rajesh Chandigarh, Union of India v. Rajesh P.U, etc.) P.U, etc.)

► Promissory estoppel Promissory estoppel ► Legitimate expectation Legitimate expectation

►Remedies for enforcing Remedies for enforcing administrative law are available administrative law are available before the higher judiciary e.g. the before the higher judiciary e.g. the Supreme Court under Article 32 of Supreme Court under Article 32 of the Constitution and the High Courts the Constitution and the High Courts under Article 226 of the Constitution. under Article 226 of the Constitution.

►The higher judiciary can issue writs of The higher judiciary can issue writs of certiorari, mandamus, habeas corpus, certiorari, mandamus, habeas corpus, prohibition and quo warranto and prohibition and quo warranto and also issue orders or directions "in the also issue orders or directions "in the nature of writs". nature of writs".

►The superior Courts in India enjoy the The superior Courts in India enjoy the powers of judicial review and this is powers of judicial review and this is accepted as one of the basic features accepted as one of the basic features of our Constitution. of our Constitution.

►We have been following the common We have been following the common law principles in the matter of justice law principles in the matter of justice delivery system, and for delivery system, and for interpretation of the Constitution and interpretation of the Constitution and the Statutes we rely heavily on some the Statutes we rely heavily on some of the basic principles laid down by of the basic principles laid down by the superior Courts of common law the superior Courts of common law countries.countries.

► It is, therefore, of immense importance It is, therefore, of immense importance that some of the decisions of the United that some of the decisions of the United States Supreme Court, The House of Lords States Supreme Court, The House of Lords and The Court of Appeal in the United and The Court of Appeal in the United Kingdom, the Supreme Court of Canada Kingdom, the Supreme Court of Canada and the High Court of Australia attract our and the High Court of Australia attract our attention and we closely follow them in attention and we closely follow them in appropriate cases. appropriate cases.

► But, we must also remember that these But, we must also remember that these decisions are rendered in peculiar socio-decisions are rendered in peculiar socio-economic conditions of those countries and economic conditions of those countries and many of these principles cannot be applied many of these principles cannot be applied implicitly in Indian conditions. implicitly in Indian conditions.