Curbed Application of Ouster Clause in Indian Legal Framework | CALQ Vol. 5.1
In this article, Anita Bharathi seeks to simplify the ambiguities surrounding “Doctrine of Ouster Clauses” and how these clauses exclude judicial review. The author has provided a comprehensive insight into how the concept of statutory finality is different from Ninth Schedule under the Constitution of India. She suggests that intention of the ouster clause in the statute must be looked at, in order to resolve the conflict between powers of judiciary and legislature and has relied on several judgements to bolster her argument.