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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Write a short note on highlight the various forms of judicial control over administration.
Judicial control over administration refers to the mechanisms through which the judiciary exercises oversight and adjudicates disputes related to administrative actions and decisions. Various forms of judicial control include:
Judicial Review: Courts have the authority to review the legality, constitutionality, and procedural fairness of administrative actions, decisions, and legislation. Judicial review ensures that administrative authorities act within their powers, adhere to legal principles, and respect fundamental rights.
Writs: Courts issue writs, such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to safeguard individual rights, enforce legal duties, and control administrative excesses. Writs provide remedies for violations of legal rights and procedural irregularities by administrative bodies.
Administrative Law Tribunals: Specialized tribunals and quasi-judicial bodies adjudicate disputes arising from administrative decisions in specific areas such as taxation, labor, environment, and consumer protection. These tribunals provide an efficient and accessible forum for resolving administrative disputes outside the regular court system.
Public Interest Litigation (PIL): Courts entertain PILs filed by citizens or non-governmental organizations to address issues of public importance or protect fundamental rights. PILs enable the judiciary to intervene in matters of governance, policy implementation, and public administration to ensure accountability and transparency.
Judicial Activism: Courts may engage in judicial activism by interpreting laws broadly, expanding the scope of fundamental rights, and issuing directions or guidelines to public authorities to address systemic issues and promote social justice and good governance.
Through these mechanisms, judicial control over administration serves as a check on executive power, upholds the rule of law, protects individual rights, and ensures accountability and transparency in governance.