Harini V.S B.B.A. LL. B (Hons.), The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law
ABSTRACT
Judicial review of administrative action is an essential aspect of the Indian Constitution, and it remains inviolable, even by the Constituent power of Parliament. It acts as the most powerful safeguard against administrative overreach when government authorities exercise discretionary powers, whether those powers are provided by statutory provisions or under the Constitution of India. When there is abuse of administrative discretion for private gain or settling personal scores, the public’s recourse is to approach the judiciary under Article 32, Article 226, or Article 136 of the Indian Constitution. The primary objective of judicial review is to ensure that laws established by the legislature adhere to the rule of law. However, judicial review also comes with certain limitations. The development of judicial review in administrative law has been one of the most crucial advancements in public law in the latter half of the century. In India, it is regarded as a basic feature of the constitution and is one of the most powerful tools available to the judiciary to uphold the rule of law. The Supreme Court and High Courts are the ultimate interpreters of the Constitution, and they are limits of the executive and legislative branches, ensuring that these branches do not overstep their boundaries, The concept of discretion implies vigilance, care, caution, and circumspection, When the legislature confers discretion on a court of administrative authority, it simultaneously imposes the responsibility to exercise that discretion honestly, properly, and reasonably. It is not a blanket mechanism for controlling all government policies. Studies of tribunals and inquiries often focus on their relationship with courts as alternative controls on administrative action, but less attention is given to how government agencies actually function. Scholars rarely explore how these administrative processes differ from judicial decision-making or how internal reforms could make them more efficient.
Keywords: Administrative, Discretion, Judicial Review
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