Discuss the scope of Judicial review in reviewing administrative action, legislative enactments and…

Question

Discuss the scope of Judicial review in reviewing administrative action, legislative enactments and judicial decisions.

Ghissu Editorial · Accepted Answer

Judicial review covers administrative action, checked for legality, jurisdiction and fairness, legislation, struck down if it violates fundamental rights or exceeds competence, and judicial decisions, corrected through appeals, review and curative petitions and superintendence. The striking down of the 99th Amendment and NJAC Act shows its reach.

**Introduction**

Judicial review is essential for constitutional governance, enabling courts to ensure legislative, executive, and judicial actions conform to the Constitution, as shown by the Supreme Court’s striking down of the 99th Amendment and NJAC Act. It safeguards constitutional supremacy and fundamental rights against arbitrary state action.

**Scope of Judicial Review over Administrative Actions**

1. **Constitutional Basis and Limits**: Articles 32, 226, and 227 empower courts to review administrative actions for jurisdictional errors and fundamental rights violations, not merits; the Administrative Tribunals Act, 1985, provides specialized forums for efficient dispute resolution.

2. **Judicial Vigilance and Balance**: The Supreme Court’s interim ruling on the Waqf law, staying only select provisions, exemplifies vigilance without policy micromanagement. This balance prevents arbitrariness while respecting administrative expertise.

**Scope of Judicial Review over Legislative Enactments**

1. **Foundations and Doctrine**: Articles 13, 32, and 131-136 empower courts to invalidate unconstitutional laws; the Kesavananda Bharati (1973) basic structure doctrine anchors judicial review as a constitutional safeguard.

**Scope of Judicial Review over Judicial Decisions**

1. **Mechanisms and Limits**: Review and curative petitions (Articles 137, 142) correct legal errors; High Courts’ superintendence (Article 227) ensures judicial discipline; doctrine of finality limits endless litigation to maintain judicial authority.

2. **Andhra Pradesh Context**: ==The Andhra Pradesh High Court’s active use of writ jurisdiction under Article 226 protects fundamental rights and constitutional principles in administrative and judicial actions, ensuring accountability and legality in the state’s governance.==

**Conclusion**

Judicial review preserves constitutional supremacy by balancing oversight with institutional autonomy and efficiency, ensuring that all state actions conform to constitutional norms without undue interference.

Discuss the scope of Judicial review in reviewing administrative action, legislative enactments and judicial decisions.

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