Judicial Review in India: Reality vs Theory
admin clat_pg beginner agree_disagreeI'm so over the debate that Administrative Law is all about judges telling bureaucrats what to do. Papa, my papa, has been saying the same thing for years โ "Administrative Law is about limiting government powers, not giving judges the power to run the country." But the thing is, our Supreme Court has been actively using judicial review to control the administrative actions of the government.
In S.P. Gupta v. Union of India (1981), the court held that the executive has to act in a fair and just manner. Now, that sounds very noble, but in reality, it's a way for the court to keep the government in check. My papa says it's like keeping the elephant in the room in line โ sometimes you have to use a stick. Judicial review is that stick.
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