Law of Natural Justice, Judicial Review & Writs

The book comprising 23 chapters, is a study of principles of administrative law and judicial review of administrative decisions and orders when passed wholly without jurisdiction or contradictory to the constitutional or statutory provisions or passed without complying with the provisions of natural justices. 

Chapters 1 to 3 are preliminary. Chapter 1 is introductory explaining the concept of “law” in general and concept and features of administrative law . Chapter 2 deals with the concept of “ Rule of Law” that any decision taken without any principle or without any rule is unpredictable and thus antithesis to the rule of law. Chapter 3 deals with judicial and administrative functions of the “State”. Chapters 4, 5, and 6 deal with Judicial review, i.e., when the order is passed wholly without jurisdiction or contradictory to the constitutional or statutory provisions or passed without complying with the provisions of natural justice; chapter 4 dealing with general principles, Chapter 5 dealing with judicial review of administrative jurisdiction and Chapter 6 dealing with judicial review of the administrative discretion. Chapter 7 deals with natural justice as a concept which has succeeded in keeping the arbitrary action within the limits of preserving the rule of law and its principles as the fundamental rules of justice. Chapter 8 explains that administrative action is subject to judicial review under the three heads of illegality, irrationality and procedural impropriety, the last embracing breaches of principles of natural justice which are no more than the principles of fair play, i.e., fairness in action, fairness in decision-making. Fairness (audi alteram partem) and impartiality (‘nemo debet esse judex in propria causa sua’) are the two main rules of natural justice; Chapter 9 deals with first and Chapter 10 deals with the second. The subsidiary rule “ Speaking order” is dealt with in Chapter 11. The doctrine of legitimate expectation is discussed in Chapter 12, which expectation is not a legal right but an expectation of a benefit, relief or remedy, that may ordinarily flow from a promise or established practice. The doctrine of promissory estoppel representing a principle evolved by equity to avoid injustice to relieve victim of arbitrary abuse of discretion and pin down public authorities to act honestly and good faith, is dealt with in Chapter 13. Chapter 14 deals with burden of proof.

Chapters 15, 16, and 17 deal with “ Review and Rectification”, “Revision” and “Appeal” to enable the administrative authorities review the merits of the decision with which the court is not concerned under judicial review. Chapters 18,19, 20, 21 and 22 deal with law of writs , writ of mandamus, writs of certiorari and prohibition, writ jurisdiction not being ousted, and inherent powers of the court. through themechanism of which, High Courts exercise control over the discretionary power of the Government authorities where the exercise is the abuse of power or arbitrary and not according to law or when the authority fails to perform its duty or exercises discretion not legally and validly. Chapter 23 explains interpretative principles.