Judicial Control of Administrative Action in India and Writs

Topics: Habeas corpus, Supreme Court of the United States, Prerogative writ Pages: 6 (2054 words) Published: April 21, 2013

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 order or merely a ministerial act. All these functions are exercised by the administration. Administrative process in this way cuts across the traditional classification of governmental powers and combines into one, all the powers which were traditionally exercised by three different organs of state i.e. the legislature, the judiciary and the Executive. Power of Judicial control of the Administrative action may be divided under two heads in India :-

(I) Judicial Control of Administrative actions by Writs: Administrative actions may be controlled by the Courts by issuing different writs under different circumstances in India. Courts through issuing different writs playing a vital role in the judicial control of administrative actions in India. Article 32(2) provides that the Supreme Court shall have power to issue directions or orders or including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate for the enforcement of any of the fundamental rights 2 and for the control of the administrative action in India. This right is available only against State as defined under Article 12 of the Constitution of India. This Article provide only Original jurisdiction to the Supreme Court not the Appellate jurisdiction. Thus a person can go straight to the Supreme Court for the protection of his Fundamental rights; this jurisdiction of Supreme Court under Article 32 of the Constitution is considered as a part of the basic structure of the Constitution. Article 226 empowers the High Court to issue writs for the enforcement of the Fundamental Rights as well as for any other oppose. Article 226 provides that notwithstanding 1. Jayantilal Amrat Lal Vs F.N. Rana, A.I.R. 1964 S.C. 648, 55. 2. Bandhua Mukti Morcha V. Union of India, A.I.R. 1976 S.C. 803.


anything in Article 32, every High Court shall have power throughout the territories in relation to which it exercises jurisdiction, to issue to any...
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