ABSTRACT

CONSTITUTIONAL REMEDIES

Administrative law recognized as a separate branch of legal discipline in the

middle of the 20th century in India. Today, the administration plays important
role and impinges freely and deeply on every aspect of an individual’s life. So,
administrative law has become a key area for study and research. Administrative
law is dharma, which conduces to the steadiness and growth of the society and
the maintenance of social order and welfare of mankind and liberty. It gives the
administrative powers to achieve the basic aim of any civilized society that is
‘growth with liberty’. Administrative law has remarkable social function to carry
out. Without appropriate administrative law any society would die.
Administrative law is body of reasonable limitations and affirmative action
parameter, which are developed, and operationalised by the legislature and the
courts to maintain and sustain a rule of law society. The establishment of
administrative law is recognized as, to check, abuse or detournment of
administrative power, to guarantee the citizens an impartial determination of
their disputes by officials, to protect them from unauthorized encroachment on
their rights and interest, and to make those who exercise public power
accountable to the people.
Administrative action is the residuary action which is neither legislative nor judicial.
It is concerned with the treatment of a particular situation and is devoid of generality.
It has no procedural obligations of collecting evidence and weighing argument. It is
based on subjective satisfaction where decision is based on policy and expediency. It
does not decide a right though it may affect a right. However, it does not mean that
the principles of natural justice can be ignored completely when the authority is
exercising “administrative powers”. Unless the statute provides otherwise, a minimum
of the principles of natural justice must always be observed depending on the fact
situation of each case.
In case A.K. Kraipak v. Union of India , the Court was of the view that in order to
determine whether the action of the administrative authority is quasi-judicial or
administrative, one has to see the nature of power conferred, to whom power is given,
the framework within which power is conferred and the consequences.
Administrative action may be statutory, having the force of law, or non statutory,
devoid of such legal force. The bulk of the administrative action is statutory because a
statute or the Constitution gives it a legal force but in some cases it may be non-
statutory, such as issuing directions to subordinates not having the force of law, but its
violation may be visited with disciplinary action. Though by and large administrative
action is discretionary and is based on subjective satisfaction, however, the
administrative authority must act fairly, impartially and reasonable.

The remedies available under our constitution to an aggrieved party by an action

of administrative authorities are :

 Extraordinary remedies –right to approach supreme court under article

32 or high court under 226 of the constitution for an appropriate writ,
direction or order
 Appeals to supreme court –article 139-A enables the supreme court to
withdraw or transfer cases from one court to another
 Judicial review- Article 137 of the constitution provides “the supreme
court shall have power to review any judgment pronounced or order
made by it
 Plenary powers of supreme court- Article 142 confers plenary powers
to pass such a decree or make an order pending before it as necessary in
doing complete justice

AYUSH PANDEY
2016017