Judicial Control of Administrative Action through Writs
Two important aspects of administrative law are the control mechanism over the administration and relief when the legal right of an individual is infringed by any administrative action. To ensure control and relief, judiciary plays a significant role. Judicial control over administrative authorities prevents the exercise of arbitrariness and ensures the application of rule of law. There are a myriad of principles put forward by the courts for regulating the functions of the administrative bodies in different dimensions and it has greatly contributed to the growth of administrative law. The Constitution of India has provided for the system of Writs under Article 32 and 226 to enforce fundamental rights. These provisions empower the Supreme Court and the High Courts of India to issue Writs. A Writ is a judicial order in the form of a formal written command, issued from the court, requiring the performance of a specific act by the defendant. If any adequate alternative remedy is available, the court may refuse to exercise its Writ jurisdiction where an issue of enforcement of fundamental right is not involved.
