BALANCING ADMINISTRATIVE DISCRETION WITH FUNDAMENTAL RIGHTS: AN ANALYSIS OF JUDICIAL REVIEW IN INDIA

AUTHOR – ANNLIYA ANIL, SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ANNLIYA ANIL, BALANCING ADMINISTRATIVE DISCRETION WITH FUNDAMENTAL RIGHTS: AN ANALYSIS OF JUDICIAL REVIEW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1535-1541, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This article examines how India’s judicial review system strikes a balance between administrative discretion and the protection of fundamental rights. Further, it discusses the evolution of judicial review pre and post-independence. The development of judicial review in the Indian context is also covered, with special attention to important rulings that broadened the scope of the same. Additional case laws demonstrate how the judiciary uses its judicial review authority to hold administrative entities accountable.

However, there are several difficulties with the exercise of this function. It faces problems including judicial overreach, delay, and striking a balance between judicial activity and restraint. These difficulties raise questions concerning the judiciary’s role in the matters concerned and have an impact on administrative efficiency and governance.

The necessity of a fair judicial review process that upholds administrative authorities’ independence while guaranteeing the protection of fundamental rights is reiterated in the article’s conclusion. Enhancing judicial effectiveness and preserving constitutional harmony is again stressed in the conclusion for the effective working of the system.

KEYWORDS: Judicial Review, Administrative discretion, Developments, Judicial Activism