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International Journal of Advanced Research in Education and TechnologY(IJARETY)
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Article

TITLE A Comparative Study of Judicial Review under Constitutional and Administrative Law in India and the English Legal System
ABSTRACT Judicial review is a cornerstone of constitutional and administrative law, serving as a vital mechanism to ensure that the exercise of public power remains within legal and constitutional limits. This research paper undertakes a comparative study of judicial review under constitutional and administrative law in India and the England legal system, examining its nature, scope, and significance in controlling legislative and administrative action. Judicial review plays a crucial role in upholding the Rule of Law, safeguarding fundamental rights, and maintaining the balance of power among the organs of the state. In England, judicial review developed primarily as a mechanism to control administrative discretion within the framework of parliamentary sovereignty. English courts traditionally lack the power to invalidate Acts of Parliament but exercise strong supervisory jurisdiction over executive and administrative authorities. Through common law principles such as illegality, irrationality, and procedural impropriety, judicial review in England ensures that public authorities act within the limits of the powers conferred upon them and adhere to principles of fairness and natural justice. In contrast, judicial review in India has a constitutional foundation and occupies a much broader scope. Embedded in the written Constitution, judicial review empowers courts to examine the validity of both legislative and executive actions. The Indian judiciary has consistently recognized judicial review as an essential feature of the Constitution, enabling it to strike down laws and administrative actions that violate fundamental rights or constitutional provisions. Over time, Indian courts have expanded the doctrine of judicial review to include substantive fairness, reasonableness, proportionality, and protection of human dignity. This comparative study highlights both convergence and divergence in the operation of judicial review in the two legal systems. While both aim to prevent arbitrariness and ensure accountable governance, differences in constitutional structure, judicial power, and political context significantly influence their application. The study underscores that judicial review remains indispensable for constitutionalism and administrative accountability, adapting to the unique legal and democratic needs of each system.
AUTHOR Bendre Jyoti Dadasaheb Research Scholar, Department of Law, Monad University, Hapur, UP, India
VOLUME 11
DOI DOI:10.15680/IJARETY.2024.1106116
PDF 116_A Comparative Study of Judicial Review under Constitutional and Administrative Law in India and the English Legal System.pdf
KEYWORDS
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