decision is tainted by any
vulnerability as such illegality, irrationality and procedural
impropriety, Courts should not hesitate to interfere, if the action falls
within ... illegality", the second "irrationality", and
the third "procedural impropriety". These principles were
highlighted by Lord Diplock in Council of Civil
Minister for Civil Services [1985 (1) AC 374] as
illegality, procedural impropriety and irrationality. He
said more grounds could in future become available,
including ... illegality', the second
'irrationality' and the third
'procedural impropriety'. That is
not to say that further development
on a case
must give effect to it.
(ii) Irrationality, namely, Wednesbury
unreasonableness.
(iii) Procedural impropriety.
One of the points that falls for determination is the scope ... illegality' the second 'irrationality', and the
third 'procedural impropriety'. These principles were
highlighted by Lord Diplock in Council of Civil
control by judicial review, viz. (i) illegality (ii) irrationality and
(iii) procedural impropriety. While opining that "further
development on a case by case basis ... decided,
could have arrived at it; and by "procedural impropriety"
he means not only failure to observe the basic rules of
natural justice
decision
is tainted by any vulnerability as such illegality, irrationality and procedural
impropriety, Courts should not hesitate to interfere, if the action falls within ... illegality", the second "irrationality",
and the third "procedural impropriety". These principles were highlighted by
Lord Diplock in Council of Civil
relevant law and acting reasonably could have reached it, and (iii) procedural impropriety.
53. In Union of India v. G. Ganayutham the Supreme Court reiterated ... find out if the decision was illegal or suffered from procedural improprieties or was one which no sensible decision-maker could, on the material before
commonly known.as CCSU case) as illegality, procedural impropriety and irrationality. He said more grounds could in future become available, including the doctrine of proportionality ... illegality the second 'irrationality' and the third 'procedural impropriety'. That, is not to say that further development on a case
judicial review is limited to examine
the illegality, irrationality and
procedural impropriety i.e. the
decision making process. On the touch
stone of Wednesbury Principles ... illegality', the second 'irrationality' and the third
'procedural impropriety'."
36. This opinion of Lord Diplock contains a three-fold
find out if the decision was illegal or suffered from procedural improprieties or was one which no sensible decision-maker could, on the material before ... administrator's decision unless it was illegal or suffered from procedural impropriety or was irrational - in the sense that it was in outrageous defiance
control by judicial review, viz. (i)
illegality (ii) irrationality and (iii) procedural impropriety, as follows:
“By "illegality" he means that the decision-maker ... decided, could have arrived at it; and by "procedural impropriety" he
means not only failure to observe the basic rules of natural justice
