Topic

judicial review

Judicial review in Indian law allows high courts and the Supreme Court to examine the legality of executive and legislative actions for violations of constitutional rights or procedural fairness.

211 articlesLatest 6 days ago
Legislature Cannot Validate Recruitment Annulled for Corruption | Karnataka Validation Act 2022 Struck Down : SC
Case Law Analysis
|Supreme Court of India

Legislature Cannot Validate Recruitment Annulled for Corruption | Karnataka Validation Act 2022 Struck Down : SC

The Court held that legislative validation cannot cure a recruitment process vitiated by systemic corruption and nepotism once a constitutional court has annulled it, as this would violate separation of powers. The 2022 Karnataka Act attempting to revive the 2011 Gazetted Probationers recruitment was struck down, with directions for fresh recruitment granting age relaxation to untainted candidates.

Void for Vagueness | Rule 3(7) of Jharkhand Law Officer Engagement Rules 2026 Struck Down; Rs 20,000 Retainer for Research Officers Upheld But Reconsideration Ordered : Jharkhand HC
Case Law Analysis
|Jharkhand High Court

Void for Vagueness | Rule 3(7) of Jharkhand Law Officer Engagement Rules 2026 Struck Down; Rs 20,000 Retainer for Research Officers Upheld But Reconsideration Ordered : Jharkhand HC

The court invalidated Rule 3(7) for granting unguided discretion to the State in engaging law officers, violating Article 162 read with the void-for-vagueness doctrine. While the ₹20,000 monthly retainer for Law Research Officers was upheld, the State must reassess its adequacy within three months, impacting contractual legal appointments across Jharkhand.

Section 16 Arbitration Act | Writ Court Cannot Constrain Tribunal's Excepted Matters Jurisdiction via 'Strictly Per Contract' Direction : SC
Case Law Analysis
|Supreme Court of India

Section 16 Arbitration Act | Writ Court Cannot Constrain Tribunal's Excepted Matters Jurisdiction via 'Strictly Per Contract' Direction : SC

The Supreme Court held that a writ court directing an arbitral tribunal to adjudicate claims 'strictly in accordance with the contract' impermissibly fetters the tribunal's Section 16 kompetenz-kompetenz over excepted matters. The ruling reinforces that tribunals retain exclusive initial jurisdiction to rule on their own jurisdiction, including disputes over contract termination validity, free from judicial pre-direction. This protects party autonomy in arbitration, particularly in government infrastructure contracts with standard general conditions.

Judicial interference with arbitral awards limited to statutory grounds; no re-appraisal of evidence or contract interpretation | Sec 34/37 A&C Act : Delhi HC
Case Law Analysis
|Delhi High Court

Judicial interference with arbitral awards limited to statutory grounds; no re-appraisal of evidence or contract interpretation | Sec 34/37 A&C Act : Delhi HC

Delhi HC quashed a Single Judge’s order that nullified an arbitral award, reiterating that courts may intervene only under Sections 34/37 of the Arbitration and Conciliation Act and cannot re-appraise evidence or reinterpret the contract. The ruling preserves award finality and curtails judicial overreach for parties challenging awards.

Changing interview cut-off after shortlisting violates Articles 14 & 16 | Haryana PSC recruitment : HC Punjab & Haryana
|Punjab and Haryana High Court

Changing interview cut-off after shortlisting violates Articles 14 & 16 | Haryana PSC recruitment : HC Punjab & Haryana

The Punjab & Haryana High Court set aside the Haryana PSC’s post-shortlisting interview cut-off, finding that mid-process changes to recruitment criteria breach constitutional equality and reservation guarantees. It ordered a fresh evaluation of candidates strictly per the original advertisement’s minimum qualifying marks, protecting all aspirants affected by the arbitrary change.

Judicial Review of Look Out Circular Limited to Legality and Reasonable Belief of Economic Detriment, Not Material Sufficiency | Economic-Interest Clause : Delhi HC
Case Law Analysis
|Delhi High Court

Judicial Review of Look Out Circular Limited to Legality and Reasonable Belief of Economic Detriment, Not Material Sufficiency | Economic-Interest Clause : Delhi HC

The Delhi High Court upheld a Look Out Circular restraining a garment exporter, holding that review is confined to the circular's legality and a reasonable belief of economic loss, not the adequacy of the underlying material. This narrows judicial scrutiny of LOCs, impacting exporters and others subject to travel bans under the economic-interest clause.