نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Judicial supervision over the abuse of administrative authority is recognized in most legal systems, creating a balance between efficiency and the principle of legality and maintaining the fundamental rights of individuals, makes it necessary to have criteria for exercising supervision over the abuse of administrative authority. In this article, we decided to examine the issue expressed in the Indian legal system. The reason for choosing this issue is the development of India's administrative law system in recent years and extensive and anti-corruption reforms regarding the functioning of executive authorities in order to promote and protect the rule of law and the nation's constitutional rights through the judicial system, especially the Supreme Court. The research question is, what criteria are used in the Indian judicial system to monitor the abuse of administrative acts and does the judicial procedure have many sides? The findings of the research are based on the fact that the Indian judicial system, while maintaining the concept of efficiency and paying attention to the necessity of expanding the authority of the administration, has considered precise criteria for monitoring administrative actions. Criteria such as malice or biased attitude, inappropriate purpose, unrelated factors, mixed considerations, ignoring related considerations, unreasonableness, which have led to establishing the rule of law over administrative actions and guaranteeing people's fundamental rights.
کلیدواژهها English