Home › CS Executive › jurisprudence › Administrative Law › In *Mansukhlal Vithaldas Chauhan v. State of Guj…
In *Mansukhlal Vithaldas Chauhan v. State of Gujarat, AIR 1997 SC 3400*, the Supreme Court clarified the role of the Court while exercising judicial review of administrative decisions. The Court held that it:
Answer & Solution
Correct answer: D.
1. In *Mansukhlal Vithaldas Chauhan v. State of Gujarat, AIR 1997 SC 3400*, the Supreme Court held that while exercising the power of judicial review the Court **does NOT sit as a court of appeal but merely reviews the manner in which the decision was made**.
2. The Court particularly stressed that it **lacks the expertise** to correct the administrative decision; if it were to substitute its own decision, that decision would itself be fallible.
3. The Court is to confine itself to the question of legality, examining whether the authority (1) exceeded its power, (2) committed an error of law, (3) breached natural justice, (4) reached an unreasonable decision, or (5) abused its power.
4. Judicial review is exercised at two stages: at the stage of delegation of discretion, and at the stage of exercise of discretion.
_Source: ICSI CS Executive — Lesson 5, 'Judicial Review', p. 119._
Related questions
An injunction, as an ordinary or equitable remedy against administrative action, may take Under Indian administrative law, when a public servant has, by mala fides or oppression inThe ICSI material classifies subject-matter bias under Indian administrative law into fourUnder Section 70 of the Indian Contract Act, 1872, which the ICSI material applies to the Article 14 of the Constitution operates as a check on the conferment of administrative disArticle 300 of the Constitution declares that the Government of India or a State may be suPublic Corporations (statutory corporations) such as LIC, ONGC, FCI and SBI, under Indian In *Commissioner of Police v. Gordhandas Bhanji, AIR 1952 SC 60*, what was the basis on wh