Gibs Law Journal

The Kesavananda Bharti case needs no introduction as it laid down the seeds of “Doctrine of Basic Structure”. Judicial review or control over administrative action is one of the concepts of basic structure theory. An administrative act which is not legal does not have any rationality or if it violates the procedural norms, comes under the radar of judicial review. It is a potent weapon to control the discretionary power of the administration which is used with malafide intention and which is in conflict with basic law of the country. Due to enormous increase in the discretionary powers of the administration, the courts have to use their control mechanism via writ jurisdiction under Article 32 and 226 of the Indian Constitution or by using its power u/A 136 i.e., appeal by special leave. Here comes the role of public interest litigation (PIL) as rule of locus standi has been relaxed by our hon’ble Supreme Court in context of articles 32 and 226 of the Indian Constitution. Thus, through PIL also judiciary can act as a watchdog on the administrative actions as courts have liberalized the technicalities of privity of law. The present research paper shall unfold the concept of PIL and how it plays its role in administrative law with the help of suitable and relevant case laws.