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2 Nat'l L.U. Delhi Stud. L.J. [1] (2013)

handle is hein.journals/nludslj2 and id is 1 raw text is: SCC Online Web Edition, Copyright@ 2019 Page 1 Thursday, April 11, 2019 Printed For: Tanaya Rajwade, National Law University, Dwarka s M 4j SCC Online Web Edition: http://www.scconline.com 2 NSU (2013) 1 English Concept of Judicial Review and its Application to India: An Analysis in Light of Current Trends by Abhishek Mour! and Adarsh Tripathi- INTRODUCTION With the renouncement of the theory of laissez faire, there has been a general trend of revival to the old police state. This phenomenon has eventually culminated in the welfare state, resulting in a notable shift in idea of governance. This shift is marked by an increase in governmental functions and greater discretionary powers to the Executive, the exercise of which are left to their own subjective satisfaction in the absence of statutory guidelines or conditions.- Coupled with the vast array of functions performed by the Executive, viz. legislative and judicial functions through the realm of delegated legislation and quasi-judicial bodies, this has resulted in an immense concentration of power. This imbalance of sorts gives rise to a need to check the unbridled power of the Executive, in addition to reviewing their actions. The most effective means to this end is judicial review. Judicial review is the court's power to review the actions of other branches or levels of government, especially the court's power to invalidate legislative and executive actions as being unconstitutional. Its underlying objective is to ensure that executive authorities do not abuse their power, and reach decisions that are correct in the eyes of law; simultaneously, it also strives to ensure just and fair treatment to every individual. In short, it aims to protect individuals from abuse or misuse of power by any branch of the State, particularly the executive.' As expressed by \) Page: 2 the Supreme Court in Tata Cellular v. Union of India, the judicial power of review is exercised to rein in any unbridled executive functioning. The restraint has two contemporary manifestations. One is the ambit of judicial intervention; the other covers the scope of the court's ability to quash an administrative discretion on its own merits. These restraints bear the hallmarks of judicial control over administrative action.A In India, it is an integral part of the Constitutional system, and in its absence, the rule of law would become a teasing illusion, and a promise of unreality.s Such is its significance that it has been declared as an integral component of the basic structure of our Constitution.6 In the course of this article, the authors have made a comparative study of judicial review in India and England. Whereas the first chapter provides an insight into the evolution of the English concept of judicial review, the second chapter deals with the legal treatment of judicial review in India and the efficacy of incorporating the English principles of judicial review into the Indian legal system. The third and last chapter provides a contemporary analysis concerning the application of English concepts of judicial review to provide writ remedy in contracts. THE ENGLISH CONCEPT OF JUDICIAL REVIEW In England, judicial review is considered to be the core of administrative law, its

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