Judicial Control of Administrative Action in India and Writs
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Judicial Control of Administrative Action in India and Writs
One of the important field of the study of the administrative law is the „‟Judicial Control of Administrative Action in India. Today the power of the administrative authorities become very strong and thus it resulted different complications and repercussions in the socio-economic field in India. Therefore, considering the day to day increasing power of the administrative bodies judicial control is become an important area of the administrative law as because the judicial department i.e. Courts have proved to be the more effective and beneficiary branch than any other Parliamentary or Legislative or Administrative action for the purpose of the controlling the administrative action in India. In this regard Prof. Jain & Jain rightly quoted that, “the real kernel of democracy lies in the courts enjoying the ultimate authority to restrain all exercise of absolute and arbitrary power. Without some kind of judicial power to control the administrative authorities, there is a danger that they may commit excess and degenerate into arbitrary authorities, and such a development would be inimical to a democratic Constitution and the concept of rule of law” .Administrative law also provides for control over administrative action by an outside agency strong enough to prevent injustice to the individual while leaving the administrative agencies adequate freedom to enable them to carry on effective administration. “Administrative Action” is a very comprehensive term in which all the actions of administration are included. Administration is the meeting point of three types of government functions. The executive performs the residue of all these functions which are not vested in the two other branches of government i.e. the legislature and the judiciary.1 Administration exercises a variety of powers. Administrative action may therefore, be legislative or judicial or neither, i.e. it could be discretionary non-judicial
Judicial Control of Administrative Action in India and Writs
One of the important field of the study of the administrative law is the „‟Judicial Control of Administrative Action in India. Today the power of the administrative authorities become very strong and thus it resulted different complications and repercussions in the socio-economic field in India. Therefore, considering the day to day increasing power of the administrative bodies judicial control is become an important area of the administrative law as because the judicial department i.e. Courts have proved to be the more effective and beneficiary branch than any other Parliamentary or Legislative or Administrative action for the purpose of the controlling the administrative action in India. In this regard Prof. Jain & Jain rightly quoted that, “the real kernel of democracy lies in the courts enjoying the ultimate authority to restrain all exercise of absolute and arbitrary power. Without some kind of judicial power to control the administrative authorities, there is a danger that they may commit excess and degenerate into arbitrary authorities, and such a development would be inimical to a democratic Constitution and the concept of rule of law” .Administrative law also provides for control over administrative action by an outside agency strong enough to prevent injustice to the individual while leaving the administrative agencies adequate freedom to enable them to carry on effective administration. “Administrative Action” is a very comprehensive term in which all the actions of administration are included. Administration is the meeting point of three types of government functions. The executive performs the residue of all these functions which are not vested in the two other branches of government i.e. the legislature and the judiciary.1 Administration exercises a variety of powers. Administrative action may therefore, be legislative or judicial or neither, i.e. it could be discretionary non-judicial