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September 10, 2025VIDHIGYA The Journal of Legal Awareness0 citations

A study of various facets of judicial review concerning administrative action

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HSHemant Krishan SinghHRHemlata Rani

Key Points

  • Judicial review validates laws and actions by state agencies, ensuring adherence to constitutional norms.
  • Judicial control over administrative action employs writs under Articles 32 and 226 of the Indian Constitution.
  • The concept of ultra vires invalidates actions taken beyond legal authority, reinforcing legal accountability.
  • Judicial review serves as a more reliable check on power compared to legislative or administrative mechanisms.

Abstract

AbstractIn today's scenario, judicial review holds an important place, especially where the executive authority makes the laws and lays down the foundation stone regarding the system of checks and balances essential for the functioning of democracy. It explains the critical aspect of the judicial power vested in the courts, which have the authority to evaluate the validity of laws and actions taken by state agencies. The judiciary controls administrative actions through the writs guaranteed under Article 32 and Article 226 of the Indian Constitution to ensure these actions follow legal and constitutional norms. Statutes, statutory instruments, precedents, and customary practices are the various sources of administrative Law. This paper focuses on the doctrine of ultra vires-invalidating actions taken beyond legal authority and the remedies available through judicial review. Judicial control has become increasingly significant in administrative Law, as the courts have demonstrated their effectiveness in upholding the rule of Law and providing a more reliable check on power than legislative or administrative mechanisms alone.

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Cite This Study

Singh et al. (2024) studied this question.

synapsesocial.com/papers/68c1e08354b1d3bfb60fd876https://doi.org/10.5958/0974-4533.2024.00006.7
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