Judicial Control of Administrative Action in India and Writs

1 Judicial Control of administrative Action in India and Writs One of the all significant(p) work of the study of the administrative law is the ? Judicial Control of Administrative Action in India. straight off the magnate of the administrative authorities become very strong and thus it resulted divergent complications and repercussions in the socio-economic field in India. Therefore, considering the day to day increasing power of the administrative bodies discriminatory check off is become an definitive argona of the administrative law as because the judicial de vocalisationment i. . apostrophizerooms convey proved to be the much effective and beneficiary branch than all opposite Parliamentary or Legislative or Administrative satisfy for the purpose of the deemling the administrative put to death in India. In this regard Prof. Jainist & Jain rightly quoted that, the real kernel of democracy lies in the courts enjoying the ultimate function to restrain all doing of absolute and arbitrary power.Without some kind of judicial power to control the administrative authorities, there is a danger that they whitethorn commit redundance and degenerate into arbitrary authorities, and much(prenominal) a development would be inimical to a democratic Constitution and the concept of rule of law . Administrative law excessively provides for control over administrative meet by an outside agency strong enough to forestall injustice to the individual while leaving the administrative agencies adequate freedom to enable them to carry on effective disposition. 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(a) branches of government i. e. the legislature and the judiciary. 1 Administration exercises a renewing of powers. Admin istrative action may therefore, be legislative or judicial or neither, i. e. it could be discretional non-judicial assure 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 at a lower place two heads in India - (I) Judicial Control of Administrative actions by Writs Administrative actions may be controlled by the motor lodges by issuing different judicial writs under different circumstances in India. accosts by dint of issuing different writs playing a vital role in the judicial control of administrative actions in India. word 32(2) provides that the ultimate speak to shall have power to issue directions or order s 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 resign as specify under Article 12 of the Constitution of India.This Article provide only Original jurisdiction to the Supreme royal court not the appellate jurisdiction. Thus a person can go straight to the Supreme beg for the protection of his master(prenominal) 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 gamy 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. . Bandhua Mukti Morcha V. Union of India, A. I. R. 1 976 S. C. 803. 2 anything in Article 32, every High Court shall have power throughout the territories in congener to which it exercises jurisdiction, to issue to any person or authority including in appropriate cases any Government within those territories, directions, orders or which including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them for the endorsement of any of the Fundamental Rights guaranteed by part III of the Constitution and for any other purpose.Both Article 32 and Article 226 provide five kinds of writs through which administrative action may be judicially controlled along with other actions. Article 226 under clause (4) made it quite clear that though both the Articles provides right of writs under the same heads, i. e. habeas corpus, mandamus, prohibition, quo warranto and certiorari, but the power conferred on a High Court by Article 226 shall not be in derogation of the power conferred on the Supreme Cour t by Clause (2) of Article 32.Judicial Control over administrative action is exercised through the Constitutional phenomenal remedies and statutory ordinary remedies as well. Provisions for extraordinary remedies have been made under Article 32 and 226 of the Constitution. For controlling administrative action Supreme Court and High Court can issue the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari. A short discussion is given hereunderHabeas lead Habeas Corpus means bring the body.The writ of habeas Corpus is issued as an order calling upon the person who has detain another(prenominal) person to produce the detune before the Court to examine the legality of his detention. If the detune is produced before the Court and the Court finds the detention is penal then it will order for the immediate release of the person detained feloniously. The main objective of this writ is not to punish the person who has detained another person illegally but to secure immediate release of the person detained illegally whether in prison house or private custody.Mandamus The writ of mandamus is, in form, a control or command issued by the Superior Court (the Supreme Court and High Court) to the Government, small court, tribunal, corporation, authority or any other person having public employment to perform asking such the Government, inferior court, tribunal, corporation, authority or any other person to perform the public duty or to refrain from doing illegal act.Thus mandamus is defined as a command issued to direct any person, corporation, inferior court or government requiring them or him to do any particular thing which he or they should do as a duty of his or their office and is in the nature of public duty or to prevent them from doing any illegal act. The purpose of this writ is to compel the performance of public duties prescribed by the statute and to keep a control over the subordinate court, Tribunal, corporation and other officers or administration utilisation public duty.Certiorari The writ of certiorari is the writ, which is issued by the Superior Court (i. e. Supreme Court or the High Court) to the inferior court or Tribunal or body employment judicial or quasijudicial functions to remove the proceedings from such Court, Tribunal or body for examining the legality of the proceedings. If any order passed by the lower court or Tribunal or body exercising judicial or quasi-judicial functions is found to be illegal by the Superior court then the Superior court may quash or demolish it.It in addition controls the judicial or quasi-judicial functions of the inferior court or Tribunal or body exercising judicial or quasi-judicial functions exceeding it jurisdiction. 3 The prime aim of the writ of certiorari is to keep judicial control over the inferior courts or Tribunal or bodies functioning judicially or quasi-judicially within the designate of the jurisdiction allocated to them by the law and to prevent them from acting in excess of their jurisdiction.Prohibition The writ of Prohibition is issued by a superior court to an inferior court or tribunal or body exercising judicial or quasi-judicial functions for preventing such inferior court or tribunal or body exercising judicial or quasi-judicial functions from uprising jurisdiction which is legally not vested to them or from acting in impact of the principles of natural justice or from acting under the unconstitutional law.The object of the prohibition is to restrain the inferior courts or tribunals or bodies exercising judicial or quasi-judicial functions from exceeding their jurisdiction. To control and keep them under the sic of their jurisdiction. Prohibition is an order of Superior courts directed to an inferior courts which forbids the court to continue proceedings in excess of its jurisdiction or in contravention of the law of the land.Quo Warranto The word Quo Warranto means By what authority?. The writ of Quo Warranto is iss ued against a person who occupies or holds or usurps an independent sustentative office and asked him to show by what authority he claims it. The procedure of this writ confers jurisdiction on the court to call upon the person holding an independent hearty public office or franchise or liberty to show by what right or authority he holds the said office or franchise or liberty.The unauthorized or illegal occupant of such office may be ousted by the judicial order and the person authorise to the office may be allowed to hold or occupy it. The object of this writ is to protect or control the right of the citizen through Courts from being deprived of public office to which he may have a right. By this writ the court protects the public from usurpers of the public office and control the administrative action in making appointment of the public office.Through this writ the court protects a citizen from being deprived of a public office to which he is legally entitled to hold. (II) Judic ial Control of Administrative action by other than Writs Some important aspects other than Writs also provided to the Constitution of India for the judicial control the administrative action in India. (i) Special Leave to assembling The power of judicial review conferred on the Supreme Court under Article 136 is particular(a) or extraordinary in nature. This power is in the nature of a residuary reserve power of judicial review.Article 136 lays down that the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal, except any Court or Tribunal constituted by or under any law relating to the Armed Forces. Since the Supreme Court has been invested with a plenary jurisdiction to hear appeals against the decisions of Administrative Tribunals and other adjudicating agencies, it is now regarded as an important mode of judicial review of administrative adj udications.But this jurisdiction is special and exercisable outside the purview of ordinary law. The Court entertains special leave only where the needs of justice demand its interference. 3 (ii) Supervisory Jurisdiction The power of judicial review which has been conferred on all the High Courts under Article 227 is supervisory in nature. Article 227 provides that ever High Court shall have superintendence over all Courts and tribunals throughout the territories in relation to which it 3. Durga Shanker Mehta v. Raghuraj Singh, A. I. R. 1951 S. C. 20 (522). 4 exercises jurisdiction. This supervisory power is both judicial and administrative in nature. 4 The supervisory jurisdiction conferred on the High Courts under Article 227 is in addition to the power given under Article 226 to control inferior Courts or tribunals. The supervisory jurisdiction extends to keeping the subordinate tribunals within limits of that authority and ensuring that they obey the law. The power under the art icle can be exercised even in those cases in which no appeal or revision lie to the High Court5.Though all the above mentioned writs and non-writs power are important weapons against state (Article 32) as well as against any detune, whether a private person or State (Article 226) for the judicial control of the administrative action in India but the main instinct for the judicial control of the administrative action by writs is the writ of MANDAMUS and QUOWARRANTO which are equally protective against the violation of judicial as well as administrative action, and among the other than writs power is the SPECIAL LEAVE TO APPEAL which empowers to appeal from any judicial and administrative judgment in India. ***** Department of Law, B. U. Shashi Nath Mandal LL. M ( Part II), 4. Ram Roop v. Bishwa Nath, personal credit line 1958 all. 459. 5. Jagir Singh Ranbir Singh, (1979) 1 SCC 560.