"In any democratic society, judicial review of administrative action is the soul of the system. Without it, democracy, and rule of law cannot be maintained." Explain with example.
Judicial review of administrative action is undeniably the soul of any democratic system, serving as the bedrock for the rule of law and safeguarding individual liberties against potential excesses of the executive. It ensures that administrative bodies, wielding significant powers in modern governance, act within the bounds of law, are fair, reasonable, and adhere to constitutional principles. Without this oversight, administrative discretion could easily morph into arbitrary power, undermining the very essence of democracy.
The principle operates on several grounds: legality (whether the action is authorized by law), procedural fairness (adherence to natural justice principles like audi alteram partem - hear the other side, and nemo judex in causa sua - no one should be a judge in their own case), proportionality, and reasonableness (avoiding Wednesbury unreasonableness – so unreasonable that no reasonable authority could have reached it).
Consider an example: a government authority decides to acquire private land for a public project. Without judicial review, the authority could potentially bypass due process, offer inadequate compensation, or acquire land for non-public purposes. However, with judicial review, aggrieved citizens can challenge the acquisition on grounds of illegality (e.g., if the acquiring law was violated), procedural impropriety (e.g., if they weren't heard), or even unreasonableness (e.g., if the compensation offered is manifestly unjust). The judiciary, through writs like Certiorari, Mandamus, or Prohibition, can quash the administrative decision, compel the authority to act, or prevent an unlawful action.
This mechanism ensures that public power is exercised responsibly and accountably. It acts as a bulwark against arbitrary governance, upholds the supremacy of the Constitution, and instills public confidence in the administrative system. By compelling the executive to act fairly and lawfully, judicial review maintains the delicate balance of power, preventing authoritarianism and strengthening the foundations of a just and democratic society where the rule of law truly prevails.
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