Write a short note on highlight the various forms of Judicial control over administration.
Write a short note on highlight the various forms of Judicial control over administration.
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Judicial control over administration refers to the mechanisms through which the judiciary exercises oversight and scrutiny over administrative actions to ensure legality, fairness, and accountability. These mechanisms play a crucial role in upholding the rule of law and protecting citizens' rights against arbitrary exercise of administrative power. Here are the various forms of judicial control over administration:
Judicial Review: Judicial review is the primary mechanism through which courts examine the legality and constitutionality of administrative actions, including laws, regulations, policies, and decisions. Courts have the authority to invalidate any administrative action that is found to be ultra vires or beyond the powers conferred by law.
Writs: The courts issue writs, such as writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus, to enforce fundamental rights and control administrative actions. These writs serve as legal remedies to correct errors, prevent abuse of power, and protect individuals from unlawful detention or infringement of their rights.
Public Interest Litigation (PIL): Public Interest Litigation allows citizens or organizations to seek judicial intervention in matters of public interest, including environmental protection, human rights violations, corruption, and administrative malpractice. PIL enables the judiciary to address systemic issues and promote public welfare.
Administrative Tribunals: Administrative tribunals are specialized bodies established to adjudicate disputes arising from administrative actions or decisions. These tribunals provide an alternative dispute resolution mechanism, allowing for speedy resolution of administrative disputes without overburdening the regular court system.
Judicial Precedents: Judicial precedents, or case law, play a significant role in shaping administrative practices and ensuring consistency in judicial decisions. Courts rely on previous judgments to interpret legal principles, establish norms, and guide administrative actions, thereby providing a framework for administrative accountability.
Principles of Natural Justice: The principles of natural justice, including audi alteram partem (right to be heard) and nemo judex in causa sua (no one should be a judge in their own cause), serve as guiding principles in administrative proceedings. Courts ensure that administrative actions adhere to these principles, guaranteeing procedural fairness and safeguarding individual rights.
Judicial Activism: Judicial activism refers to the proactive role of the judiciary in addressing social, economic, and political issues through judicial intervention. Courts may issue directions, guidelines, or orders to ensure compliance with legal norms and protect the interests of marginalized groups or vulnerable populations.
In conclusion, judicial control over administration encompasses a range of mechanisms aimed at ensuring legality, fairness, and accountability in administrative actions. Through judicial review, writs, public interest litigation, administrative tribunals, precedents, principles of natural justice, and judicial activism, the judiciary plays a vital role in upholding the rule of law and protecting citizens' rights in a democratic society.