The Administrative State: When Bureaucrats Go Rogue
admin du_llb**Unraveling the Mystique of Indian Administrative Law for the DU LLB Entrance**
Imagine a scenario where the government announces a new policy, but the implementing agency ignores it, and instead, enforces a contradictory rule. Sounds like a real-life Kafkaesque nightmare? Welcome to the world of Indian Administrative Law, where the line between power and accountability is often blurred.
In my coaching notes, I was led to believe that the Supreme Court's judgment in Calcutta Cloth Marking Case (1940) marked a watershed moment in the development of judicial review in India. While it is true that the Court established the principle of judicial review in that case, the actual significance lies elsewhere. You see, the real game-changer was the Supreme Court's decision in Shankari Prasad v. Union of India (1951), where the Court held that the power of judicial review was an integral part of the Constitution and not a legislative grant.
So, what does this mean for you, dear DU LLB Entrance aspirant? Let's break it down:
- Fundamental Rights vs. Directive Principles: While Fundamental Rights are justiciable, Directive Principles are not. However, the Court has held that if a Directive Principle is so worded as to give a right to a citizen, it can be challenged in court.
- Judicial Review: What and When: The Court can review administrative actions if they violate a constitutional provision or a statute. However, the Court will be hesitant to intervene if the action is a mere mistake or an error of judgment.
- Classification and Equality: The Court has consistently held that classification must be based on a reasonable basis and not arbitrary. However, if the classification is rational, it will be upheld, even if it leads to some inequality.
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