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Judicial Review Of Administrative Silence In India: When Can Courts Compel Action?




Pragati Dwivedi, University of Petroleum and Energy Studies


ABSTRACT


This article explores the concept of judicial review of administrative silence in India. It examines how courts can compel government bodies to make decisions on pending matters when they remain silent for an unreasonable period. The article highlights the importance of judicial review in safeguarding individual rights and preventing arbitrary inaction by the administration.


It discusses the constitutional framework established by Articles 32 and 226, empowering courts to issue writs like mandamus. The concept of legitimate expectation is explored as a bridge between administrative discretion and individual fair treatment. The article outlines the circumstances that can trigger judicial intervention, including unreasonable delay, prejudice, violation of statutory time limits, erosion of natural justice principles, and public interest at stake.


Challenges associated with judicial review, such as defining "reasonable delay" and balancing efficiency with individual rights, are acknowledged. The article explores potential solutions including legislative guidance on timeframes, standardized administrative practices, and alternative dispute resolution mechanisms.


In conclusion, the article emphasizes the importance of judicial review in ensuring a responsive and accountable administrative system in India. It highlights the need for ongoing efforts to refine the legal framework and administrative practices to create a more streamlined and predictable system.


Keywords: Administrative silence, judicial review, mandamus, legitimate expectation.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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