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Finality Clause

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In general, specific provisions will be incorporated into statutes that allow filing of an appeal or revision against the orders passed by an administrative officer before the statutory authority or an administrative tribunal.

However, in some Acts, the Legislation intentionally excludes judicial review by incorporating certain phrases called Finality Clauses. The clauses puts the judicial system out from reviewing them and hence these clauses are also called Ouster Clauses. Such process is called Statutory Finality.

These are more often seen in Administrative Acts wherein the statute says that the decision by administrative body is final and conclusive. No appeal, revision or reference against the decision of such tribunal is maintainable. The jurisdiction of Civil Courts is ousted.

Examples

The finality clause uses terms such as:

  • shall be conclusive evidence
  • shall not be called in question in any court
  • shall not be called in question in any legal proceeding whatsoever

Related Cases / Recent Cases / Case Laws

  • L Chandra Kumar vs Union of India (1997) 3 SCC 261: Supreme Court held that Tribunals are equivalent to High Courts and hence their decisions cannot be questioned in a High Court. This decision was later revised
  • Sampath Kumar vs Union of India (187) 1 SCC 124: Excluding the jurisdiction of High Court and Supreme Courts is unconstitutional
  • Radha Kishan Vs Ludhiana Municipal Council, AIR 1963 SC 1547 (1551); (1964) 2 SCR 273
  • Dhulabhai Vs State, AIR 1969 SC 78; (1968) 3 SCR 662
  • Premier Automobiles Vs Wadke, (1976) 1 SCC 496: AIR 1975 SC 2238
  • R Vs Medical Appeal Tribubal, (1957) 1 QB 574 (586):(1957) 1 All ER 796 (801)

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