TO STUDY ON JUDICIAL   REVIEW OF ADMINISTRATIVE ACTION ON THE GROUND OF VIOLATION OF FUNDAMENTAL RIGHTS

AUTHOR – AARTHI.B, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEKAR LAW UNIVERSITY

BEST CITATION – AARTHI.B, TO STUDY ON JUDICIAL   REVIEW OF ADMINISTRATIVE ACTION ON THE GROUND OF VIOLATION OF FUNDAMENTAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 61-67, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study explores the evolving role of judicial control in monitoring administrative actions, particularly in cases of violation of fundamental rights. Administrative law serves as the framework within which public authorities operate, and judicial review acts as an essential safeguard, ensuring that these authorities remain within their legal limits. The protection of fundamental rights, provided for in constitutional law, is an essential function of the judiciary when it comes to fighting executive excesses. The study examines the historical development of judicial review in administrative law, tracing its evolution from the traditional emphasis on legality, reason and procedural fairness, to its current role in the protection of constitutional rights. It analyzes the historical decisions in which the courts invoked the principle of judicial review to limit administrative actions that violate fundamental rights, assessing the balance between administrative discretion and the protection of individual liberties. The study also examines the criteria and standards used by courts to assess rights violations, such as the proportionality test and the doctrine of legitimate expectations. The article supports a strong judicial mechanism that not only makes the administrative authorities responsible, but also affirms the role of the judiciary as a protector of constitutional rights. Judicial review is a great institution and forms a fundamental part of the system of checks and balances without which no democracy worthy of the name can function. Judicial review is an aspect of state judicial power that is exercised by Courts to determine the validity of a rule of law or the action of a state agency. Courts, through writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto, control administrative actions. The main sources of administrative law are statutes, regulatory instruments, precedents and customs. The article discusses the doctrine of ultra vires and remedies for judicial review. The power of judicial review has become an important area of administrative law because Courts have proven more efficient and useful than legislative or administrative powers.