Judicial Control of Administrative Action in India and Writs

1 Judicial operate on of Administrative Action in India and Writs One of the principal(prenominal) field of the fill of the administrative fairness is the ? Judicial Control of Administrative Action in India. To twenty-four hours the author of the administrative authorities become very salutary and thus it resulted diametrical complications and repercussions in the socio-economic field in India. Therefore, considering the day to day increasing individualnel of the administrative bodies juridic authorisation is become an important area of the administrative law as be guinea pig the juridical department i. . accost of justices extradite proved to be the more efficacious and beneficiary branch than each different Parliamentary or Legislative or Administrative work for the purpose of the disciplineling the administrative effect in India. In this gaze Prof. Jain & Jain respectablely quoted that, the real kernel of democracy lies in the lawcourts enjoying the ultim ate home to restrain all exercise of absolute and haughty precedent.Without some kind of juridical power to chasteness the administrative authorities, on that point is a danger that they may commit excess and degenerate into imperative authorities, and such a development would be inimical to a pop Constitution and the concept of rule of law . Administrative law in all case provides for control everywhere administrative accomplish by an outside federal agency strong enough to prevent injustice to the individual while going away 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 tierce types of political science 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 however 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 polar organs of state i. e. the legislature, the judiciary and the Executive. business office of Judicial control of the Administrative action may be shared out chthonian two heads in India - (I) Judicial Control of Administrative actions by Writs Administrative actions may be controlled by the lawcourts by issuing different judicial writs at a lower place different circumstances in India. salutes through issuing different writs playing a vital role in the judicial control of administrative actions in India. denomination 32(2) provides that the tyrannical 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 lone(prenominal) against State as delimit downstairs obligate 12 of the Constitution of India.This expression provide only Original jurisdiction to the haughty Court not the Appellate jurisdiction. thereof a mortal can go straight to the Supreme Court for the protection of his first harmonic rights this jurisdiction of Supreme Court under Article 32 of the Constitution is considered as a part of the basic complex eubstance part of the Constitution. Article 226 empowers the heights Court to issue writs for the enforcement of the Fundamental Rights as sanitary as for any other oppose. Article 226 provides that notwithstanding 1. Jaya ntilal Amrat Lal Vs F. N. Rana, A. I. R. 1964 S. C. 648, 55. . Bandhua Mukti Morcha V. Union of India, A. I. R. 1976 S. C. 803. 2 anything in Article 32, every utmost Court shall have power throughout the territories in relation to which it exercises jurisdiction, to issue to any person or leave 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) do 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, precisely th e power conferred on a amply Court by Article 226 shall not be in disparagement of the power conferred on the Supreme Court by Clause (2) of Article 32.Judicial Control over administrative action is exercised through the Constitutional exceptional 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 spicy Court can issue the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari. A wretched discussion is given hereunderHabeas Corpus Habeas Corpus means turn the body.The writ of habeas Corpus is issued as an order birdcalling upon the person who has retard another person to produce the detune before the Court to examine the impartiality of his detention. If the detune is produced before the Court and the Court finds the detention is guilty because it will order for the immediate release of the person det ained illegally. The main headingive 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 proud Court) to the Government, inferior court, tribunal, raft, authority or any other person having public responsibility 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 practice 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 exercising 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 to a fault 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 establish aim of the writ of certiorari is to keep judicial control over the inferior courts or Tribunal or bod ies functioning judicially or quasi-judicially within the limit of the jurisdiction allocated to them by the law and to prevent them from performing in excess of their jurisdiction. forbidding The writ of Prohibition is issued by a A-one 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 rising jurisdiction which is legally not vested to them or from acting in invasion 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 limit 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 issued 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 substantive 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 entitled 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 deprive 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) Judicial 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 conjure up The power of judicial review conferred on the Supreme Court under Article 136 is supernumerary or extraordinary in nature. This power is in the nature of a residuary reserve power of judicial review.Article 136 lays cut out that the Supreme Court may, in its discretion, grant special leave to orison 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 effected by or under any law relating to the Armed Forces. Since the Supreme Court has been invested with a plenary jurisdiction to hear petitions against the decision s of Administrative Tribunals and other adjudicating agencies, it is now regarded as an important mode of judicial review of administrative adjudications.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 jurisdi ction extends to care the subordinate tribunals within limits of that authority and ensuring that they obey the law. The power under the article can be exercised even in those cases in which no prayer 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, AIR 1958 all. 459. 5. Jagir Singh Ranbir Si ngh, (1979) 1 SCC 560.