Concept and Scope
The exclusion of judicial review refers to legislative or constitutional provisions that restrict or bar courts from examining the validity, legality, or propriety of administrative or legislative actions. In Indian constitutional law, judicial review is a basic feature of the Constitution and flows primarily from Articles 32 and 226. Even when statutes attempt to exclude judicial review through express clauses, courts generally interpret such exclusion strictly. For instance, Article 329 of the Constitution bars judicial interference in electoral matters except through election petitions. Similarly, Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 limits civil court jurisdiction. However, such exclusions do not completely oust the jurisdiction of constitutional courts. The Supreme Court has consistently held that exclusion clauses cannot prevent review on grounds of lack of jurisdiction, violation of natural justice, mala fides, or unconstitutionality. Thus, exclusion operates in a limited and controlled manner.
Constitutional Validity and Limits
The constitutional validity of exclusion of judicial review depends on whether it violates the basic structure doctrine. Judicial review acts as a safeguard against arbitrary state action and ensures rule of law. In landmark judgments, the Supreme Court has clarified that Parliament may regulate judicial review but cannot eliminate it entirely. Article 323A and Article 323B allow the establishment of tribunals and exclusion of jurisdiction of ordinary courts in specified matters. However, in the L. Chandra Kumar case, the Court held that the power of judicial review of High Courts and the Supreme Court cannot be excluded, even by constitutional amendment. Statutory exclusions are therefore read down to preserve constitutional remedies. The courts emphasize that access to justice is part of the rule of law, and exclusion clauses must not result in denial of effective remedy.
Judicial Interpretation and Administrative Law
From an administrative law perspective, exclusion of judicial review clauses are often inserted to ensure speedy decision-making and reduce litigation. Nevertheless, courts presume against total exclusion. Ouster clauses are interpreted narrowly, and ambiguity is resolved in favor of judicial scrutiny. If an authority acts beyond its statutory powers, courts can intervene despite exclusion provisions. Section 28 of the Administrative Tribunals Act, 1985 attempts to exclude the jurisdiction of courts except the Supreme Court under Article 136. Yet, judicial review under Articles 226 and 32 remains intact. This balanced approach ensures administrative efficiency while protecting individual rights. Thus, exclusion clauses function as procedural bars rather than absolute prohibitions, reinforcing the supremacy of the Constitution.
Real-Time Example
A practical example can be seen in banking recovery proceedings under the SARFAESI Act, 2002. Section 34 bars civil courts from entertaining suits related to measures taken by banks. However, when borrowers allege violation of principles of natural justice or arbitrary action by banks, High Courts frequently exercise jurisdiction under Article 226. During recent recovery actions involving home loan defaults, courts have intervened where banks failed to follow due process. This demonstrates that exclusion clauses cannot shield illegal or unconstitutional actions. Judicial review continues to act as a corrective mechanism, ensuring fairness even in specialized statutory regimes.
Mnemonic to Remember
To remember the principle of exclusion of judicial review, use the mnemonic “LANCER”: Limited exclusion, Articles 32 & 226 protected, Natural justice reviewable, Constitutional supremacy, Error of jurisdiction examinable, Rule of law preserved. This mnemonic highlights that exclusion is never absolute and always subject to constitutional control.
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