Judicial Control Over Administrative Acts: Administrative Law Notes

Judicial Control Over Administrative Acts: Administrative Law Notes- Prolawctor

Judicial Control Over Administrative Acts: The broad principles on which the exercise of discretionary powers can be controlled, have now been judicially settled. These principles can be examined under two main heads:

  • where the exercise of the discretion is in excess of the authority, i.e., ultra vires;
  • where there is abuse of the discretion or improper exercise of the discretion.

In India, the provisions of judicial can be grouped into following three heads:

  1. Constitutional- Article 32, 226, 227 of COI.
  2. Statutory Review- There are some acts which provide for an appeal from statutory tribunal to the High-Court on the point of law for example Workmen’s Compensation Act 1923.
  3. Ordinary or Equitable- The following are the ordinary or equitable modes to control an administrative discretion.
    • Injunction
    • Declaration
    • Suit for damages.

A Judicial process by which one who has invaded or is threatening to invade the rights legal or equitable of another, is restrained from continuing or committing such wrongful act. Injunction section 36 to 42 of the Specific Relief Act 1963. Regulate by the Code of Civil Procedure 1908 (Se 37 of the Specific Relief Act.) retrain from doing, a particular thing until the suit is disposed of or until further orders of the Court. An interlocutory application, preserve the status Quo pending trial and judicial discretion of the court.

Declaration Action
A declaratory action denotes a judicial remedy, which conclusively determines the rights and obligations of public and private persons and authorities, without the addition of any coercive decree. It is merely a definition of rights and obligations. It does not prescribe any further relief nor any sanction against the defendant. It simply results in the removal of the existing doubts regarding the legal rights of the plaintiff.

Suit for damages
Whenever any wrong is done to an individual by some wrongful negligent acts of the public authorities, such individual may file a suit for damages against such authority. The principles determining the quantum of damages are the same that govern the private individuals.

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