Discuss the grounds on which administrative action may be reviewed by the judiciary, and the various modes…

Question

Discuss the grounds on which administrative action may be reviewed by the judiciary, and the various modes of such judicial review.

Ghissu Editorial · Accepted Answer

Courts review administrative action for violation of fundamental rights, excess or lack of jurisdiction, breach of natural justice, and arbitrariness under Article 14, as held in the Royappa case. They do so through writs under Articles 32 and 226, statutory appeals and tribunals, and review and curative petitions.

**Introduction**

Judicial review of administrative action, rooted in Articles 32, 136, 226, and 227, is vital for constitutional governance, reflecting protection of constitutional morality⟦1⟧ and the rule of law.

**Grounds for Judicial Review**

1. **Violation of Fundamental Rights**: Administrative actions violating Part III rights, such as equality (Article 14) or life and liberty (Article 21), invite review; the Sabarimala case tested constitutional morality against religious autonomy.  
2. **Excess or Lack of Jurisdiction**: Courts ensure authorities act within delegated powers, as in State of W.B. v. Shivananda Pathak.  
3. **Violation of Natural Justice**: Procedural fairness is mandatory; failure leads to quashing of decisions.  
4. **Arbitrariness and Unreasonableness**: Article 14 prohibits arbitrary actions, per E.P. Royappa judgment.

**Modes of Judicial Review**

1. **Writ Jurisdiction**: Supreme Court and High Courts use writs like certiorari, mandamus, and habeas corpus to check administrative excesses.  
2. **Constitutional Provisions**: Articles 32 and 226 empower courts to hear petitions against administrative actions violating fundamental rights, with High Courts playing a key role in ==Andhra Pradesh==.  
3. **Statutory Tribunals**: The Administrative Tribunals Act, 1985, offers specialized forums for administrative disputes, significant in ==Andhra Pradesh==.  
4. **Review and Curative Petitions**: The Supreme Court can review its judgments under Article 137, ensuring justice, as in Rupa Ashok Hurra v. Ashok Hurra.

**Way Forward**

Strengthening judicial infrastructure and promoting legal awareness in ==Andhra Pradesh==, especially in ==Rayalaseema and coastal regions==, can enhance access to justice.

**Conclusion**

Judicial review is crucial for upholding constitutional supremacy, fundamental rights, and rule of law, fostering accountable governance and democratic balance.

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