Judicial Control Over Administration
It has its base in the concept of ‘’Rule of the
Law’’
Scope of Judicial Control
1. Abuse of Power- Malfeasance
2. Lack of Jurisdiction-Overfeasance
3. Error in fact finding
4. Error of Law- Misfeasance
5. Procedural Error
Methods of Judicial Control
1. Judicial Review
judicial activism
• According to Black's Law Dictionary
• judicial activism is a " judicial philosophy
which motivate judges to depart from the
traditional precedents in favour of
progressive and new social policies”
2. Statutory Appeals
• A right to challenge administrative decision-
making or action provided for specifically
by statute and, most commonly, described as
an appeal and found in the very statute which is
the source of decision or action.
Q. Judicial Activism is the expansion of power
and scope of-
a) Legislature
b) Executive
c) Judiciary
d) All of these
Writs
Type of Writ Meaning of the Word Purpose of the Issue
Habeas Corpus You may have the To release a person who has been detained
body unlawfully
Mandamus We Command Command issued by the court to Public
Authorities asking him to perform his official
duty which he failed to perform
Quo Warranto By what authority or Issued by the Court to inquire into the
warrant legality of claim of a person to a public
office.
Prohibition To Forbid Issued by the higher court to lower courts
when the latter exceeds its jurisdiction. It is
preventive.
Certiorari To be Certified To quash the order of the lower judiciary /
tribunal /quasi Judicial Body. It is preventive
and well as curative.
Habeas Corpus
To have a body
Objective: To set free a person illegally
detained
Petition by friend/Relative also.
Writ addressed to:
– Government
– An Official
– Private Person
For disobedience : Contempt of Court
Mandamus
Mandamus = A Command
Order to do something: demands some activity
Command to perform Public or Quasi-public duty
Writ available against:
– Government
– Public Servant
– Judicial Body
• Writ not available against
– President of India
– Governor
– Private Individual
Quo Warrento
Quo Warranto = What is your authority?
Court inquires into legality of claim to Public
Office
Object: To prevent illegitimate of Public Office
When?
– Disqualified for the post
– Procedure not followed
– Irregular appointment
Prohibition
Prohibition- ‘ to forbid’
Order to stay a judicial Proceeding
A writ of prohibition is issued to prevent an
inferior court or tribunal from exceeding its
jurisdiction.
Issued only against Judicial or quasi judicial
authorities
Certiorari
Certiorari- ‘To be Certified’
A writ of certiorari is issued by the supreme
court or high court to nullify an order made
without jurisdiction or in violation of the rules
of natural justice by an inferior court.
Issued only against Judicial or quasi judicial
authorities
Unlike the Prohibition which is only
preventive, the certiorari is preventive as well
as curative.
Q. Which of the following writs is said to be a
guarantor of personal freedom?
(a) Mandamus
(b) Habeas Corpus
(c) Quo Warranto
(d) Certiorari
Suits Against Government
Art. 300 of the Indian Constitution governs the
suability of the government.
The Center and state governments can be sued
according to the law made by the parliament
and the state legislature respectively.
In contracts the governments can be sued like
an individual citizen.
• In tort (A wrongful act that causes a claimant
to suffer loss or harm, resulting in legal
liability for the person who commits the
tortious act) there is a distinction between
sovereign and non sovereign functions of the
state.
• In state can be sued in the court only in the
case of non sovereign functions not for the
sovereign functions.
Suit Against the Public Officials
President and the state governors enjoy personal
immunity from their official acts.
During their term of office, they are immune
from any criminal proceeding
By giving two months notice, civil proceedings
can be initiated against them.
Civil Servants are given personal immunity from
legal liability for official contracts.
• By giving two months notice, civil proceedings
can be initiated against them for anything done
in their official capacity.
• In criminal liabilities, proceedings can be
instituted against them for acts done in their
official capacity with prior permission from the
government.
• Sovereign Functions:
Sovereign functions are those actions of the state for
which it is not answerable in any court of law. For
instance, acts such as defense of the country, raising and
maintaining armed forces, making peace or war, foreign
affairs, acquiring and retaining territory, are functions
which are indicative of external sovereignty and are
political in nature. Therefore, they are not amenable to
jurisdiction of ordinary civil court. The State is immune
from being sued, as the jurisdiction of the courts in such
matters is impliedly barred.
