Remedies Of Judicial Review

Judicial review is to maintain a check on the administrative authorities. It restricts the arbitrariness of administrative authorities. Judicial review is the re-examination and reconsideration of the legality or constitutionality of the legality or constitutionality of   Proceedings of lower courts or tribunals or Legislative enactments of Governmental or administrative action Those acts which are necessary to be done to carry out legislative policies and purpose already declared by legislative body.

In Pakistan, there is a safest possible safeguard against the abuse of power by any administrative authority. It is not only to enforce the right but also to keep the administrative and quasi administrative machinery within proper control. Through writ issuing power of Supreme Court and high court is mandatory however court may refuse remedy if there is unreasonable delay invoking the jurisdiction of high court.

Supreme Court and high court cannot issue writ if alternate remedy is available. Principle of judicial review which is grounds on public policy applies in public review area also.

a- Habeas corpus

b- Quo warranto

c- Certiorari

d- Prohibition

e- Mandamus

Remedies under private law refer to ordainary court of the land exercised in accordance with ordinary law to control administrative authorities and their actions.

a- Injunction

b- Declaratory suit

c- Suit for damages

Injunction is a judicial process by which one who has invaded or is threating to invade the rights is restrained from continuing or commencing such wrongful act.

Temporary injunctions can be granted at any stages of suit and are regulated by order xxxix of code of civil procedure 1908 .Perpetual injunctions may be granted to prevent breach of an obligation existing in favoure of applicant whether expressly or by implication

it is to prevent the breach of an obligation and to compel the performance of certain act which court is capable of enforcing. Declaratory action signifies a judicial remedy which conclusively determines the rights of the parties. It can be issued by court in the matter dealt with by administrative authorities. An action for damages used to lie against the local authorities or public corporation. The wider the power the greater the need for restraint in its executive.