Remedies in judicial review
✅ Remedies in Judicial Review
📘 I. What is Judicial Review?
Judicial review is the process by which courts examine the legality of decisions or actions taken by public authorities or administrative bodies. It ensures that these bodies act within the bounds of law and respect constitutional and procedural rights.
When courts find that an action or decision was unlawful, they can grant various remedies to correct or nullify that action.
📚 II. Types of Remedies in Judicial Review
There are five primary remedies typically available in judicial review, especially in common law systems like the UK, India, and others. These remedies are public law remedies, distinct from private law damages.
| Remedy | Purpose |
|---|---|
| Certiorari | To quash an unlawful decision |
| Mandamus | To compel a public authority to perform a legal duty |
| Prohibition | To prevent a body from acting beyond its jurisdiction |
| Declaration | To state the legal position without ordering any action |
| Injunction | To restrain unlawful actions (preventive) |
📍 III. Detailed Explanation of Remedies
1. Certiorari
Used to quash (cancel) a decision made by a public authority that is:
Ultra vires (beyond its powers),
Made in breach of natural justice,
Based on irrelevant considerations.
2. Mandamus
Orders a public official or body to perform a public or statutory duty.
Cannot be issued against private individuals or discretionary powers (unless improperly exercised).
3. Prohibition
Prevents an authority or tribunal from exceeding its jurisdiction.
Issued before the unlawful act is completed.
4. Declaration
A non-coercive remedy where the court simply states the rights or legal position of the parties.
5. Injunction
May be interim (temporary) or permanent.
Restrains unlawful or unconstitutional actions.
⚖️ IV. Case Law Illustrations (Detailed)
Below are six important cases from different jurisdictions where these remedies were granted in judicial review proceedings.
1. R v. Northumberland Compensation Appeal Tribunal, ex parte Shaw [1952] 1 KB 338 (UK)
📝 Facts:
A tribunal denied compensation to a public servant upon retirement without proper legal basis.
⚖️ Remedy Granted:
Certiorari was issued to quash the tribunal's unlawful decision.
🧠 Principle:
Certiorari is appropriate when a tribunal acts outside its jurisdiction or fails to apply the correct legal test.
2. R v. Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513 (UK)
📝 Facts:
The Home Secretary refused to implement a statutory compensation scheme already approved by Parliament.
⚖️ Remedy Granted:
Mandamus was issued to compel the Home Secretary to perform the statutory duty.
🧠 Principle:
Mandamus can enforce the performance of legal obligations by the executive.
3. A.K. Kraipak v. Union of India (1969) 2 SCC 262 (India)
📝 Facts:
Selections made by a committee including members who were also candidates, raising concerns of bias.
⚖️ Remedy Granted:
Certiorari to quash the selection list due to breach of natural justice.
🧠 Principle:
Even administrative actions must follow natural justice. Certiorari ensures procedural fairness.
4. Regina v. Electricity Commissioners, ex parte London Electricity Joint Committee Co. (1924) 1 KB 171 (UK)
📝 Facts:
Electricity Commissioners attempted to create schemes affecting local authorities without legal authority.
⚖️ Remedy Granted:
Prohibition was granted to stop the commissioners from acting ultra vires.
🧠 Principle:
Prohibition is suitable before unlawful action is completed to prevent overreach.
5. Vine v. National Dock Labour Board [1957] AC 488 (UK)
📝 Facts:
The Dock Labour Board dismissed a worker without allowing a hearing.
⚖️ Remedy Granted:
Declaration that the dismissal was invalid + damages.
🧠 Principle:
A declaration can state that a public authority acted unlawfully, even if no coercive order is given.
6. Bhagat Singh v. Delhi Administration AIR 1981 SC 1116 (India)
📝 Facts:
Preventive detention order was issued without furnishing grounds of detention in time.
⚖️ Remedy Granted:
Habeas corpus + declaration that the detention was illegal.
🧠 Principle:
Courts may combine constitutional and judicial review remedies to protect liberty and legality.
✅ V. Summary Table of Remedies and Cases
| Remedy | Case | Jurisdiction | What Court Did |
|---|---|---|---|
| Certiorari | Ex parte Shaw | UK | Quashed a tribunal's decision |
| Mandamus | Fire Brigades Union | UK | Compelled minister to act |
| Certiorari | A.K. Kraipak | India | Quashed biased selection decision |
| Prohibition | Electricity Commissioners | UK | Prevented unlawful scheme |
| Declaration | Vine v. Dock Labour Board | UK | Declared dismissal unlawful |
| Habeas Corpus + Declaration | Bhagat Singh | India | Declared detention illegal |
🔍 VI. Additional Observations
When Courts Refuse Remedies:
Delay in filing judicial review,
Lack of standing (locus standi),
Where alternative remedies are available (unless inadequate),
Where the decision is non-justiciable (e.g., political matters).
Combination of Remedies:
Courts often issue multiple remedies together, such as a declaration + certiorari, or mandamus + costs.
📌 VII. Conclusion
The remedies available in judicial review are crucial tools for enforcing accountability and legality in public administration. Courts exercise these remedies to:
Uphold the rule of law,
Protect individual rights,
Prevent arbitrary use of power,
Ensure proper statutory compliance by public bodies.
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