Judicial Review and Administrative Law

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: FOURTH SEMESTER

Semester: FOURTH SEMESTER
Name of the Subject:

Name of the Subject:
Constitution 204
Constitution 204
JUDICIAL REVIEW
Judicial Review
•Available to test lawfulness of decisions by public body NOT private
bodies
•Must be distinguished from an ordinary appeal against a decision
•Appellate courts
appellate jurisdiction over civil and criminal courts
•Judicial review court
supervisory jurisdiction
concerned with the manner in which the decision-making body
has applied the relevant rules
•No direct ‘right’ to judicial review
seek ‘leave to appeal’ before a judge in the Queens Bench of the
High Court

Administrative Law
Prerogative orders Private law remedies

•Certiorari – quashes the •Declaration – declares
original decision what the legal position
•Prohibition – is
commands public to •Injunction –
refrain from an illegal commands action
action •Damages
•Mandamus –
commands public body
to perform its duty

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar
Council of India)
Grounds for judicial review
•Illegality
decision transgresses powers given to the
public body
•Irrationality (Wednesbury unreasonableness)

decision irrational or unreasonable
•Procedural impropriety
failure to observe the rules of natural justice or
comply with procedures laid down by statute

Judicial Review
NHS rationing of health care resources

judicial review of rationing raises questions of:
legality of rationing – statutory duties;
priority setting; services within NHS; NHS
Directions and Guidelines
reasonableness of rationing - allocation of
resources; clinical freedom; evidence-
based guidelines: NICE; discretion
Procedural propriety – processes for
consultation and appeal
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of
Delhi & Bar Council of India)
Administrative powers
in every sphere of public administration: town and

country planning, regulation of public health,
environmental matters, welfare services, control of
trades, professions and other activities
Their exercise – subject to judicial control by means
of the doctrine of ultra vires

Council of India)
Ultra vires
beyond the powers”
“
An act by a public authority,

company, or other body that
goes beyond the limits of the
powers conferred on it
Ultra vires acts: invalid

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by
Govt of NCT of Delhi & Bar Council of India)
The mechanism for seeking judicial review
By making a claim to the

:
Administrative Court
Common law grounds on which
judicial review may be granted:
illegality,
Irrationality
Procedural impropriety

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT
of Delhi & Bar Council of India)
UNIT
UNIT--IIII
RIGHT TO EDUCATION ACT,

2009
INTRODUCTION
After independence, Article 45 under the Indian

Constitution stated that the State shall endeavor to
provide, within a period of ten years from the
commencement of this Constitution, for free and
compulsory education for all children until they
complete the age of fourteen years.
But the State failed miserably in fulfilling this
obligation as is evident from the fact that even after
60 years, universal elementary education remains a
distant dream

The 86th Amendment Act, 2002, made three specific
provisions in the Constitution to facilitate the realization
of free and compulsory education. These were
(i) adding Article 21A in Part III (fundamental rights),
(ii) modifying Article 45, and
(iii) adding a new clause (k) under Article 51A
(fundamental duties), making the parent or guardian
responsible for providing opportunities for education to
their children between 6 and 14 years.

Council of India)
Art 21-A inserted in Fundamental Rights as per 86th
Constitutional Amendment:
The State shall provide free and compulsory

education to all children of the age of 6 to 14 years
in such manner as the State may, by law,
determine.
Consequential legislation::
The Right of Children to Free and Compulsory
Education Act, 2009.
Presidential assent received on 26th August, 2009
and came in to force from April 1, 2010.

Provisions (Right of children)
To free and compulsory admission, attendance and completion of

EE.
Free: no child liable to pay any fee/expense preventing her

from pursuing and completing EE.
Compulsion: on the state; parental duty to send children to

school.
Not enrolled/dropout children be admitted to age appropriate
class.
No child shall be failed or expelled up to class 8
Bars corporal punishment mental harassment.
Provisions (Schools)
•Norms and standards specified for all schools

•Infrastructure and related facilities
•Pupil Teacher Ratios – for each school
•School days; working hours for teachers
•Facilities
•Community participation in schools ensured through SMC
comprising elected reps, teachers and parents
¾ members from among parents of children in the school;
50% women
•Proportionate representation to weaker and deprived
sections
•SMC to plan, manage and monitor – in collaboration with the
local authority

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt
of NCT of Delhi & Bar Council of India)
•All aided schools to provide free education to at least
25% children.
•Special category schools and unaided schools to admit
in Class I at least 25% children, belonging to weaker
section and disadvantaged group, from the
neighborhood, and provide free and compulsory
elementary education.
•No capitation fees
•No screening for admission
•No school without recognition.

Conclusions
The Right to Education (RTE) Act would play an important role in

achieving universal elementary education in India, but it is amply
:
clear that year one of the implementation of the Act has not covered
much ground.
In order to meet the goals set by us, India must
prioritize and invest in making the Act a reality through dialogue and
consultation with key stakeholders within and outside the
government. Else the Act will join the ranks of yet another legislation
which never covered the distance between conceptualization and
implementation.

INTRODUCTION
After independence, Article 45 under the Indian

Constitution stated that the State shall endeavor to
provide, within a period of ten years from the
commencement of this Constitution, for free and
compulsory education for all children until they
complete the age of fourteen years.
But the State failed miserably in fulfilling this
obligation as is evident from the fact that even after
60 years, universal elementary education remains a
distant dream

The 86th Amendment Act, 2002, made three specific
provisions in the Constitution to facilitate the realization
of free and compulsory education. These were
(i) adding Article 21A in Part III (fundamental rights),
(ii) modifying Article 45, and
(iii) adding a new clause (k) under Article 51A
(fundamental duties), making the parent or guardian
responsible for providing opportunities for education to
their children between 6 and 14 years.

Council of India)
Art 21-A inserted in Fundamental Rights as per 86th
Constitutional Amendment:
The State shall provide free and compulsory

education to all children of the age of 6 to 14 years
in such manner as the State may, by law,
determine.
Consequential legislation::
The Right of Children to Free and Compulsory
Education Act, 2009.
Presidential assent received on 26th August, 2009
and came in to force from April 1, 2010.

Provisions (Right of children)
To free and compulsory admission, attendance and completion of

EE.
Free: no child liable to pay any fee/expense preventing her

from pursuing and completing EE.
Compulsion: on the state; parental duty to send children to

school.
Not enrolled/dropout children be admitted to age appropriate
class.
No child shall be failed or expelled up to class 8
Bars corporal punishment mental harassment.
•Norms and standards specified for all schools

•Infrastructure and related facilities
•Pupil Teacher Ratios – for each school
•School days; working hours for teachers
•Facilities
•Community participation in schools ensured through SMC
comprising elected reps, teachers and parents
¾ members from among parents of children in the school;
50% women
•Proportionate representation to weaker and deprived
sections
•SMC to plan, manage and monitor – in collaboration with the
local authority

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt
of NCT of Delhi & Bar Council of India)
•All aided schools to provide free education to at least
25% children.
•Special category schools and unaided schools to admit
in Class I at least 25% children, belonging to weaker
section and disadvantaged group, from the
neighborhood, and provide free and compulsory
elementary education.
•No capitation fees
•No screening for admission
•No school without recognition.

Conclusions
The Right to Education (RTE) Act would play an important role in

achieving universal elementary education in India, but it is amply
:
clear that year one of the implementation of the Act has not covered
much ground.
In order to meet the goals set by us, India must
prioritize and invest in making the Act a reality through dialogue and
consultation with key stakeholders within and outside the
government. Else the Act will join the ranks of yet another legislation
which never covered the distance between conceptualization and
implementation.

UNIT
UNIT- -IIIIII
JUDICIAL REVIEW
Judicial Review
•Available to test lawfulness of decisions by public body NOT private
bodies
•Must be distinguished from an ordinary appeal against a decision
•Appellate courts
appellate jurisdiction over civil and criminal courts
•Judicial review court
supervisory jurisdiction
concerned with the manner in which the decision-making body
has applied the relevant rules
•No direct ‘right’ to judicial review
seek ‘leave to appeal’ before a judge in the Queens Bench of the
High Court

Administrative Law
Prerogative orders Private law remedies

•Certiorari – quashes the •Declaration – declares
original decision what the legal position
•Prohibition – is
commands public to •Injunction –
refrain from an illegal commands action
action •Damages
•Mandamus –
commands public body
to perform its duty

Council of India)
Grounds for judicial review
•Illegality
decision transgresses powers given to the
public body
•Irrationality (Wednesbury unreasonableness)

decision irrational or unreasonable
•Procedural impropriety
failure to observe the rules of natural justice or
comply with procedures laid down by statute

Judicial Review
NHS rationing of health care resources

judicial review of rationing raises questions of:
legality of rationing – statutory duties;
priority setting; services within NHS; NHS
Directions and Guidelines
reasonableness of rationing - allocation of
resources; clinical freedom; evidence-
based guidelines: NICE; discretion
Procedural propriety – processes for
consultation and appeal
Administrative powers
in every sphere of public administration: town and

country planning, regulation of public health,
environmental matters, welfare services, control of
trades, professions and other activities
Their exercise – subject to judicial control by means
of the doctrine of ultra vires

Council of India)
Ultra vires
beyond the powers”
“
An act by a public authority,

company, or other body that
goes beyond the limits of the
powers conferred on it
Ultra vires acts: invalid

The mechanism for seeking judicial review
By making a claim to the

:
Administrative Court
Common law grounds on which
judicial review may be granted:
illegality,
Irrationality
Procedural impropriety

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT
of Delhi & Bar Council of India)
UNIT
UNIT--IV
IV
DIRECTIVE PRINCIPLES OF STATE

POLICY
INTRODUCTION
The Directive Principles of State Policy, embodied
in Part IV of the constitution, are directions given to
the central and state governments to guide the
establishment of a just society in the country.
According to the constitution, the government
should keep them in mind while framing laws, even
though they are non-justiciable in nature. Directive
Principles are classified under the following
categories:Gandhian, social, economic, political,
administrative, legal, environmental, protection of
monuments, peace and security.

Article 36 to 51 of the Constition of India embodies
the Directive Principles of State policy and for these
we are indebted to the Constitution of Ireland. The
objective is to establish a social and economic
democracy in India
Article 37 reveals that :
1.The Directive Principles are not justiciable
2.They are Fundamental in the governance of the
country
3.It shall be the duty of the State to apply these
Directive Principles while formulating policies or
making laws for the governance of the State

Council of India)
CLASSIFICATION
Socialist Principles
Liberal Principles
Gandhian Principles
International Principles

SOCIALIST PRINCIPLES
Article 38 of the Constitution of India shall endeavour

to formulate such social system which will secure
social, economic and political justice to all in all the
spheres of life.
Article 39(a) the state shall try to formulate its policyin
such a manner so as to secure adequate means of
livelihood for all its citizens.
Article 39(b) the ownership of material resources
would be controlled in such a manner so as to
subserve the common good.

LIBERAL PRINCIPLES
•Artcle 44 of the Indian Constitution? The State shall

endeavour to formulate and implement a Uniform civile-
code for all the people livingthroughout the territory of
India.
•Artcle 45 of the Indian Constitution the State shall
endeavour to provide early childhood care and
education for all the children untill they complete the
age of six years.
•Artcle 47 of the Indian Constitution the State shall
strive to raise the level of nutrition and the standard of
living. Thus, it will endeavour to improve upon the
health of the people.
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council
of India)
GANDHIAN PRINCIPLES
•Article 40, State will strive to organise Panchayats in villages

and will endow them with such powers which enabel them to
act as units of self government.
•Article 43, the state shall strive to develop the cottage
industry in the rural areas both, on individual or co-operative
basis.
•Article 47,the state will strive to ban the consumption of
wine, other intoxicating drinks and all such commodities
which are considered injurious to health.
•Article 48 reveals that State will ban slaughtering of cows,
calves and other milch cattle

Council of India)
INTERNATIONAL PRINCIPLES
•Article 51(a)- The State will strive to promote

international peace and security.
•Article 51(b)-
: The State will strive to maintain
just and- honourable relations among various
states in the world.
•Article 51(c)- The State will endeavour to
promote respect for International treaties,
agreements, and law.
•Article 51(f)- The State will strive to settle
international disputes by arbitration.

Council of India)
IMPORTANCE OF DIRECTIVE PRINCIPLES
1. These Principles are directives for the States

2. Lay down the foundation of Economic Democracy
3. These are measuringf rods to judge the achievements of
the Government
4. They establish welfare state
5. These are Fundamental in the Governance of the
country.
6. These Principles supplement Fundamental rights
7. Guiding Principles for courts
8. They bring stability and continuity in State policies
9. Educative value of Directive Principles

Council of India)

Judicial Review and Administrative Law

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Judicial Review and Administrative Law

Hochgeladen von

Copyright:

Verfügbare Formate

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

Semester: FOURTH SEMESTER

Name of the Subject:

•Must be distinguished from an ordinary appeal against a decision

Chanderprabhu Jain College of Higher Studies & School of Law

Prerogative orders Private law remedies

Chanderprabhu Jain College of Higher Studies & School of Law

•Irrationality (Wednesbury unreasonableness)

Chanderprabhu Jain College of Higher Studies & School of Law

NHS rationing of health care resources

in every sphere of public administration: town and

Chanderprabhu Jain College of Higher Studies & School of Law

An act by a public authority,

Chanderprabhu Jain College of Higher Studies & School of Law

By making a claim to the

Chanderprabhu Jain College of Higher Studies & School of Law

RIGHT TO EDUCATION ACT,

After independence, Article 45 under the Indian

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

The State shall provide free and compulsory

Chanderprabhu Jain College of Higher Studies & School of Law

To free and compulsory admission, attendance and completion of

Free: no child liable to pay any fee/expense preventing her

Compulsion: on the state; parental duty to send children to

•Norms and standards specified for all schools

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

The Right to Education (RTE) Act would play an important role in

Chanderprabhu Jain College of Higher Studies & School of Law

After independence, Article 45 under the Indian

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

The State shall provide free and compulsory

Chanderprabhu Jain College of Higher Studies & School of Law

To free and compulsory admission, attendance and completion of

Free: no child liable to pay any fee/expense preventing her

Compulsion: on the state; parental duty to send children to

•Norms and standards specified for all schools

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

The Right to Education (RTE) Act would play an important role in

Chanderprabhu Jain College of Higher Studies & School of Law

•Must be distinguished from an ordinary appeal against a decision

Chanderprabhu Jain College of Higher Studies & School of Law

Prerogative orders Private law remedies

Chanderprabhu Jain College of Higher Studies & School of Law

•Irrationality (Wednesbury unreasonableness)

Chanderprabhu Jain College of Higher Studies & School of Law

NHS rationing of health care resources

in every sphere of public administration: town and

Chanderprabhu Jain College of Higher Studies & School of Law

An act by a public authority,

Chanderprabhu Jain College of Higher Studies & School of Law

By making a claim to the

Chanderprabhu Jain College of Higher Studies & School of Law

DIRECTIVE PRINCIPLES OF STATE

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Article 38 of the Constitution of India shall endeavour