What are the doctrines developed by the Court to control the administrative actions?

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Lily Chitlangiya asked 13 days ago in Law & Legal Issues by Lily Chitlangiya

What are the doctrines developed by the Court to control the administrative actions?


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Sanjay Goenka answered 11 days ago by Sanjay Goenka

The Constitution of India has provided the 5 Writs to the Supreme Court and the High Court of India

In India, we can clearly see that the Administrative powers are such that we can compare them to the judicial system of India, but it does not mean that they do not have the prohibited behavior in itself. In order to review and control those powers of the Administrative system, Article 32 of the Indian constitution has given the power to the Supreme Court and Article 226 has given the power to the High Courts of India to “issuing of Writs”, where they have.

There are five Writs available for the Courts

1- Habeas Corpus- the Writ of Habeas Corpus means “having the Body” and its issue by the Court is when any person has been detained or been restricted by the other person or authority to use his fundamental right to live his life freely. It also compels the Authority who has detained such person to present his in front of the respective Court.
2- Mandamus- the Writ Mandamus is means to Mandate any Authority or any inferior Courts to follow the superior Courts Order or directions. In this Writ, the apex Court Supreme Court can issue a writ against the junior Courts like High Courts, District Courts, Sessions Courts, and many others. Also, it can restrict them to not committing an illegal act.
3- Certiorari- this is another type of Writ that corrects the error that has been committed by the inferior Courts. It also restricts the junior Courts to not committing any illegal Acts in the functioning of the judiciary.

4- Quo Warranto- the Writ of Quo Warranto is issued for the common people or any individual authority when he is enjoying the service without having eligibility to be in that post of the service. And no one can force the Courts to issue the writ of quo warranto, he will issue it on their own choice

5- Prohibition- this is the last Writ that is available in the Courts. In this Writ, the superior Court can prohibit any inferior Courts to take it into his consideration and pass any judgment without having any jurisdiction of law to decide the case. This Writ is not prior issued by the Supreme Court or by the High Court.

These all writs can enforce the right of people and also can ensure control over the Administrative authority. Most of the time, these Writs are issued by the Courts on the Violation of Fundamental rights of people.