JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS

Abstract

Judicial review is the power of the superior courts to examine the legality of administrative actions taken by government departments and public officials. Administrative action refers to the decisions, orders and functions performed by the executive in implementing laws and public policies, which directly affect the rights and liberties of citizens. Since administrative authorities enjoy wide discretionary powers, there is always a danger of misuse, arbitrariness and violation of fundamental rights. Judicial review serves as a constitutional check to ensure that such authorities act within the limits of law, follow fair procedure and observe the principles of natural justice. The courts do not interfere in the merits or wisdom of administrative policy, but only examine whether the action was legal, reasonable and procedurally proper. The main grounds of review include illegality, irrationality, procedural impropriety, mala fide and excess of jurisdiction. In Pakistan, this power is exercised by the High Courts under Article 199 of the Constitution through various writs. Through judicial review, courts can declare an unlawful action void, quash it or direct the authority to act according to law. Thus, judicial review protects citizens from abuse of power and maintains the supremacy of the Constitution. In this way, it upholds the rule of law, accountability and good governance in the state.