Qn: Judicial Review of Administrative Action
admin general beginner pyq_discussionSection 13(2) of the Administrative Tribunals Act, 1985 reads, "No suit or other proceeding shall lie in any court to set aside or suspend any order or decision passed or made by any Tribunal." Consider the following facts: the Tribunal has been abolished and a new one set up. The new Tribunal passes an order in favour of a party whose petition was pending before the abolished Tribunal. The party files a writ petition in the High Court challenging the order of the new Tribunal. What would be the fate, if it reaches the SC?
Correct approach here is to see the legal validity of the order of the new Tribunal. Now, if the order is made by a non-existent entity, then Section 13(2) can't be applied, na?
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Judicial Review of Administrative Action aaj ka mudda hai (it's a burning issue today). Judicial review is a power given to the superior courts to review the decisions of administrative authorities. Courts can interfere if the decision is arbitrary, irrational, or in contravention of rules of natural justice. It's the court's duty to see that administrative powers are exercised fairly and justly. Judicial review ensures accountability and prevents abuse of power by authorities.