Remedial Law
Updated 26th May 2025
Doctrine of Exhaustion of Administrative Remedies
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Exhaustion of Administrative Remedies

The doctrine of exhaustion of administrative remedies is a fundamental principle in law. It mandates that a party must first seek and complete available remedies within an administrative agency before pursuing an action in court. This precept requires parties to exhaust administrative remedies provided by law before resorting to judicial forums. It is a jurisdictional requirement, meaning the administrative remedy provided by statute must be exhausted before a court action is brought.

Purpose of the Doctrine

The purpose of this doctrine is to allow the administrative body the initial opportunity to decide the matter within its jurisdiction. This promotes orderly procedure and avoids premature judicial intervention. The doctrine is flexible and depends on the unique facts and circumstances of each case.

Exceptions to the Doctrine

Jurisprudence recognizes exceptions to the doctrine of exhaustion of administrative remedies, allowing for immediate recourse to the courts in certain situations. These exceptions include:

  • When there is a violation of due process.
  • When the issue involved is a purely legal question.
  • When the administrative action is patently illegal, amounting to lack of jurisdiction.
  • When there is unreasonable delay or official inaction by the administrative agency that would cause irretrievable prejudice to the complainant.
  • Where the amount involved is relatively small, making the rule impractical or oppressive.
  • Where judicial intervention is urgent and great irreparable damage is imminent.
  • When the issue of non-exhaustion has become moot.
  • When there is no other plain, speedy, and adequate remedy.
  • When strong public interest is involved.
  • In quo warranto proceedings.
  • Where the principle of estoppel applies to the party invoking the doctrine.
  • When the challenged act constitutes grave abuse of discretion amounting to lack or excess of jurisdiction.