RESEARCH PROPOSAL

THE SCOPE OF JUDICIAL REVIEW

Submitted To – Prof. Dr. Syed Ali Mohammad

Submitted By – Mr. Pawas Singh

Roll no. – 1544

6th Semester, 3rd Year

INTRODUCTION

The scope of judicial review is limited both in its availability and function: the role of the court is
not to re-make the decision being challenged, or to inquire into the merits of that decision, but to
conduct a review of the process by which the decision was reached in order to assess whether
that decision was flawed and should be revoked. The process of bringing a claim is streamlined,
and 'interested parties', who are neither applicants nor defendants, are often included in the
proceedings when they have an interest in the outcome. All bodies exercising functions of a
public law nature are susceptible to challenge. It is the nature of the act or decision being
challenged, rather than the identity of the body in question or the source of its powers, that
matters. This means that the boundary between public bodies, whose decisions can be subject to
judicial review, and the private sector, whose decisions generally are not, is constantly evolving.
The system of judicial review is also applicable in India. Although the term Judicial Review has
not been mentioned in the Constitution, the provisions of various Articles of the Constitution of
India have conferred the power of judicial review on the Supreme Court.

AIMS AND OBJECTIVES

The objective of this research project is to –

a) Study the concept of Judicial Review with regard to Administrative bodies.

b) Study the scope of Judicial Review in India.
c) Compare the scope of Judicial Review as present in India and USA.

HYPOTHESIS

The scope of judicial review in India is narrower than that of what exists in USA, though the
American Constitution does not explicitly mention the concept of judicial review in any of its
provisions.

SCOPE AND LIMITATION

This project is limited in its scope due to paucity of time, multiplicity of areas to be covered due
to the inherent vastness of the subject matter and limited financial resources. However, the
researcher has aimed to keep a fairly broad scope in order to gain a complete picture of the topic.
RESEARCH METHODOLOGY

This study involves the use of doctrinal method of research. The information will be gleaned
from various books on the subject of Administrative Law, articles and published research works.

LIST OF CHAPTERS

1. INTRODUCTION
2. EVOLUTION OF THE CONCEPT OF JUDICIAL REVIEW
3. POSITION IN INDIA
4. POSITION IN USA
5. LANDMARK JUDGEMENTS
6. CONCLUSION
7. BIBLIOGRAPHY

BIBLIOGRAPHY

C.K. Thakker, Administrative Law, Eastern Book Company, 1992.

Monica Chawla, Delegation of Legislative Powers, Deep & Deep Publications, 2007.