By JUSTICE B P BANERJEE

The whole book contains 19 Chapters. The First Chapter of the work consists of Judicial Control of Administrative Action in United Kingdom, the United States of America and India, separately. Chapter-II explains the Scope of Article 32 and 226 of the Constitution of India. In Chapter-III I have taken the risks of classifying and indicating several grounds of Judicial Review of administraive action. Initially, the ultra vires was the only ground. Now with the efflux of time various other grounds of judicial review have been evolved, such as Abuse of discretionary power, proportionality, legitimate expectation, unreasonable exercise of powers, estoppel, promissory estoppel, illegality and irrationality, procedural impropriety including principle of natural justice, right to reason, rule against bias and fairness, jurisdiction and the principle of justiciability. Chapter-IV deals with Habeas Corpus. Chapter-V deals with Mandamus, Chapter-VI deals with Certiorari, Chapter-VII deals with Prohibition, Chapter-VIII deals with Quo-warranto, Chapter-IX deals with Writ cases of Evocation. In Chapter-X I have tried to collect and classify as well as distinguish the Public Law and Private Law. In Chapter-XI the principle of Locus Standi has been dealt with regarding the standing of person or a class of person to move the Court for relief in Public Law Remedy. The principle of Locus Standi in U.S.A., U.K. and India has been separately dealt with. Chapter-XII indicates the authorities against whom the Writ lies. Initially the Writ used to lie against the authority created by a statute. But now the principle has been broadened in India as well as in the U.S.A. but in the United Kingdom the law of standing which was broadened by Lord Justice Denning and there had been a development in this branch of law of standing in a very spectacular way but law has since been amended narrowing down the scope of locus-standi.

Inspite of change in law the English Courts are constantly evolving new principles to enlarge the scope of law of standing and that development is still going on. In Chapter-XIII the bar of Alternative Remedy and when Alternative Remedy will not be a bar has been indicated. Chapter-XIV has dealt with the principle of Delay, Acquiescence and Estoppel which stands in the way of getting relief in Public Law Remedy. Chapter-XV deals with effect of Suppression of Material Facts for getting appropriate relief in Public Law Remedy. In Chapter-XVI I have tried to explain the scope of Judicial activism of the law is to develop and not to stagnate there the function of the judges is to be active in developing and expanding the scope of the law to meet with the changing needs of the time.

Law cannot be kept as static and it has to be made dynamic to meet with the new situation with the changing of the time. The Court has to evolve remedy where in law there is no remedy, so as to make the rights meaningful where there is no right, there should be a remedy but if the remedy is not there the court has to evolve a remedy. If the Court decides cases on the basis of rigid adherence to the precedents then the law will become static. The Judicial activism is the latest development in the Administrative Law remedy. Chapter-XVII indicates the Practice and Procedure which are required to be followed in Writ cases and cases in Public Law Remedy.

Chapter-XVIII is the chapter which deals with Public Interest Litigation started its journey from the United Kingdom and the Public Interest Litigation is playing a very important role in India where public spirited persons are allowed to espouse the cases of poor, illiterate masses for upholding their rights. From this Public Interest Litigation many of the matters pertaining to public interest have been unearthed which is playing a very important role in the present socio-economic and political condition in India and number of such litigations have increased to such a great extent that the Supreme Court of India warned that the Public Interest Litigation should not be allowed to be converted into Publicity Interest Litigation. Chapter-XIX deals with the principle of Injunction in Public Law Remedy.

Published Year: 2001 Format: Hard Back ISBN: INAL15 Publisher: Lexis Nexis Butterworths Wadhwa Nagpur No of Pages: 900 Our Price: India. Rs. 895.00 Reviews: 0 reivew(s).

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