Judicial Control of Administrative Action in India and Writs

2064 Words May 2nd, 2013 9 Pages
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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
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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 Court by Clause (2) of Article 32. Judicial Control over administrative action is exercised through the Constitutional extraordinary 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 hereunder:Habeas Corpus: Habeas Corpus means bring the body. The writ of habeas Corpus is issued as an order calling upon the person who has detain another 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
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