SCRUTINY OF INCLUSION OF WRITS IN ADMINISTRATIVE LAW

AUTHOR – DEEWANSHI AGRAWAL, STUDENT AT UNIVERSITY OF PETROLEUM AND ENERGY STUDIES, DEHRADUN

BEST CITATION – DEEWANSHI AGRAWAL, SCRUTINY OF INCLUSION OF WRITS IN ADMINISTRATIVE LAW, ILE JOURNAL OF ADMINISTRATIVE LAW REVIEW (ILE JALR), 1 (1) OF 2023, PG. 17-23, APIS – 3920 – 0051 | ISBN – 978-81-964391-3-2.

Abstract

The constitution grants prerogative powers of writ jurisdiction for judicial review of administrative action, which are unquestionably discretionary but have no set boundaries. Yet, the discretion should be used in accordance with established legal guidelines. In this regard, this paper does a critical analysis to emphasize that the foundation of the entire constitutional system is the rule of law, which is first and foremost the absence of arbitrary power. When discretion is granted to the executive authorities under a system that upholds the rule of law, it must be done so based on clearly defined boundaries. Considering this, the rule of law implies that every discretion or judgement must be grounded in a set of guidelines and regulations.

Keywords: writ, arbitrary power, rule of law, writ jurisdiction, judicial review, administrative action