Unit 5 Grounds For Review

REMEDIES AGAINST
ADMINISTRATION
UNIT 5
REMEDIES AGAINST ADMINISTRATION
 Writs under Article 32 and 226

 Grounds for exercise of Judicial Review
 Procedural Aspects: Locus standi, Laches, Res Judicata, Exhaustion of Alternative
remedies
 Exclusion of Judicial Review: Exclusionary Clauses’
 Suits against Administration
 Notice under Section 80 CPC
 Period of Limitation
REMEDIES
 Article 32
Review is not of the decision of the administrative authority but of the decision making
process. Therefore, the Court cannot assume appellate jurisdiction and reappreciate the primary
or perceptive facts found by the fact-finding authority.
 Article 136
It does not grant right of appeal but it is a discretionary power, it exists even at the stage of
hearing. Tribunal must have the trappings of a court.
Bharat Bank ltd v. Employees (1950)
i. Proceeding must start on an application in the nature of a plaint.
ii. It must possess the powers of a civil court in matters compelling attendance of witnesses,
discovery and inspection
iii. It should allow cross-examination and legal representation
iv. It should decide on the basis of evidence and according to law and
v. Its members must be qualified to be judges
Ujagar Singh v. State (Delhi Administration) (1979)
CONTN…
 Article 226
The power of the HC is discretionary and it cannot be used as a court of appeal. It is
supervisory in nature. It can strike down an impugned rule and direct the authorities to reframe
it , but it cannot itself frame it.
 Article 227
Power of superintendence over administrative agencies exercising adjudicatory powers. The
nature of this power is administrative and judicial. Wrong decision referable to grave
dereliction of duty and flagrant abuse of power by the subordinate courts and tribunals leading
to grave injustice to the parties attract the jurisdiction of the court. It is revisional and not
appellate jurisdiction. Hence limited and restrictive.
Contn…
It is used for want of jurisdiction, errors of law, perverse findings, gross violation of the
principles of natural justice and when finding is based not on evidence.
It is not confined to administrative superintendence it includes power of judicial review
also.
The jurisdiction under Article 226 and Article 227 are separate and independent.
JUDICIAL REVIEW OF ADMINISTRATIVE
ACTIONS: GROUNDS
A. ILLEGALITY
 Lack of Jurisdiction
 Excess of Jurisdiction
 Abuse of Jurisdiction
 Failure to exercise jurisdiction
 Irrationality (Wednesbury Test)
CONTN….
B. IRRATIONALITY (WEDNESBURY TEST)

If the decision is
 Without the authority of law
 Based on no evidence
 Based on irrelevant and extraneous consideration
 Outrageous in its defiance to logic or accepted norms of moral standard that no sensible
person, on the given facts and circumstances, could arrive at such a decision.
Contn…
PROCEDURAL IMPROPRIETY
Procedure of a decision is as important as the decision itself because if “procedure” is not fair,
decision cannot be trustworthy. Requirement of a “fair procedure” may arise in the following ways:
1. As a constitutional mandate where fundamental rights of the people are violated
2. As a statutory mandate where statute lays down a procedure, it must be followed by the
administrative authority before taking action
3. As an implied requirement where statute is silent about the procedure, the administrative
authority must follow fair minimum administrative procedure which guarantee ‘fair play in
action.’ It includes:
i. Rule against bias- No one should be made judge in his own cause
ii. Rule of fair hearing- No one should be condemned unheard
CONTN….
PROPORTIONALITY
The doctrine is applied when:
 An administrative action invades fundamental rights
 Deference Principle: Canon should not be used to shoot a sparrow
Grounds of Proportionality:
1. Whether the relative merits of different objectives or interests have been proportionately
weighed and fairly balanced?
2. Whether the action under review was in the circumstances, excessively restrictive or
inflicted an unnecessary burden?
PROCEDURAL ASPECTS
 Laches or unreasonable delay

The relief cannot be claimed in the ordinary manner because the limitation period has expired,
the same will not be granted by the High Court in exercise of its extraordinary power.
Arun Kumar v. S.E. Rly (1985)
MS Mudhol v. SD Halegkar (1993)
Can laches extinguish fundamental rights?
Tilokchand Motichand v. HB Munshi (1969)
Ramchandra Shankar Deodhar v. State of Maharashtra (1974)
CONTN…
ALTERNATE REMEDY
SC and HC cannot refuse relief under Article 32 and 226 on the ground of alternative remedy, if the
person complains of violation of his fundamental rights. But if the person invokes the jurisdiction of
the High Court for ‘any other purpose’ in exercise of its discretion, the HC may refuse relief.
AV Venkateswaran v. RS Wadhwani (1961)
Contingencies where the Court may still exercise writ jurisdiction in spite of the availability of
alternate remedy:
1. Where a writ seeks enforcement of fundamental rights

2. Where there is a failure of the principles of natural justice
3. Where orders or proceedings are wholly without jurisdiction
4. Where the vires of the law is challenged.
CONTN….
RES JUDICATA
If a petition has been heard and dismissed then the same petition on same grounds cannot be
filed in the same court again, but if the petition has been dismissed otherwise than on merits,
the person may be fit to file a fresh writ in another forum.
The principle of res judicata and constructive res judicata apply to writ petitions also,
therefore, if the final decision has been given by a competent court which has become final,
any petition under Article 32 or 226 will be barred.
State of UP v. Nawab Hussain (1977)
UPSRTC v. State of UP (2005)
THANK YOU….

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REMEDIES AGAINST

 Writs under Article 32 and 226

B. IRRATIONALITY (WEDNESBURY TEST)

 Laches or unreasonable delay

1. Where a writ seeks enforcement of fundamental rights

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