Revisiting The Wednesbury Standard: A Study On Reasonableness And Judicial Restraint
- IJLLR Journal
- 3 days ago
- 1 min read
Apoorva Anand, Lloyd Law College, Greater Noida
ABSTRACT
This research paper discusses the evolution, principles, and modern application of the Wednesbury Principle of Reasonableness in administrative law. Derived from the 1948 case of Associated Provincial Picture Houses Ltd v. Wednesbury Corporation, the principle has been a yardstick for judicial review, allowing courts to determine whether administrative decisions are so unreasonable that no rational authority would have made them. The paper follows the historical development of the doctrine and its judicial evolution in India, specifically through key cases like Union of India v. G. Ganayutham and Om Kumar v. Union of India. The analysis also looks at the Indian judiciary turning towards proportionality in cases relating to fundamental rights while upholding Wednesbury scrutiny for normal administrative acts. The article points out the ongoing utility of the principle in countering administrative arbitrariness under Article 14 of the Constitution, and emphasizes the necessity of finding a balanced, context- dependent combination of both Wednesbury unreasonableness and proportionality to ensure constitutional governance. It finally contends that although the Wednesbury Principle is still the bedrock of administrative law, its successful operation needs to be adjusted in keeping with changing democratic and legal standards.
Keywords: Wednesbury Principle, Judicial Review, Administrative Law, Reasonableness, Proportionality, Fundamental Rights, Article 14, Indian Constitution, Arbitrariness, Administrative Discretion, Legal Standards, Constitutional Governance.
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