Chapter

The Taming of the Shrew

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0032
The Taming of the Shrew

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The Supreme Court of India has taken vast strides in the field of administrative law generally following the administrative law as expounded by British judges. In the beginning, the Supreme Court felt itself hidebound by Nakhuda Ali and was loathe to interfere with administrative orders. But it freed itself from the shackles of Nakhuda Ali after Lord Reid spoke in Ridge v. Baldwin. Ridge v. Baldwin was hailed by Indian lawyers as the Magna Carta of writ jurisdiction. The principle of reasonableness has become one of the most active and conspicuous among the doctrines which have vitalized administrative law in recent years. The principle which had fallen into disuse earlier was successfully rejuvenated in the Padfield case which is now considered as the last word on the subject. This chapter also discusses the Wednesbury Principle, delegated legislation, and the attempt to oust the jurisdiction of the high courts and the Supreme Court over a large category of tribunals by the introduction of Chapter XIV-A into the Constitution.

Keywords: India; Supreme Court; Constitution; administrative law; Wednesbury Principle; delegated legislation; Nakhuda Ali; Ridge v. Baldwin; writ jurisdiction; principle of reasonableness

Chapter.  3886 words. 

Subjects: Constitutional and Administrative Law

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