CONSTITUTIONAL REMEDIES

A project submitted in partial fulfilment of the course ADMINISTRATIVE

LAW, 6th SEMESTER during the academic year 2018-2019

SUBMITTED BY:
KHUSHBU KUMARI
ROLL NO- 1533
B.A. LL.B.

SUBMITTED TO:
Dr. Ali Ahamad
FACULTY OF ADMINISTRATVE LAW

FEBRUARY, 2019
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,
MEETHAPUR, PATNA-800001
 INTRODUCTION

Administrative law has greatly demarcated the checks, balances and permissible area of an
exercise of power, authority and jurisdiction over administrative actions enforced by the any
State, Governmental agencies and instrumentalities defined under Article 12 of the
Constitution of India. And the judiciary is dynamically carving the principles and exceptions,
while making the judicial review of administrative actions.The administrative law is that
branch of law that keeps the governmental actions within the bounds of law or to put it
negatively, it prevents the enforcement of blatantly bad orders from being derogatory.

The Courts have constantly tried to protect the liberties of the people and assume powers
under the Constitution for judicial review of administrative actions. The discretionary powers
have to be curbed, if they are misused or abused. The socio-politic Institution need not cry, if
the courts do justice and perform the substantial role. That is the essence of justice. It is
submitted, the trend is to read the social justice and to translate in reality. The welfare State
has to discharge its duty fairly without any arbitrary and discriminatory treatment to the
people in the country. If such powers come to the notice of the Courts, the courts have raised
the arms consistently with the rule of law. Today the Government is the provider of social
services; new form of property like jobs, quotas, licenses and mineral rights etc. The
dispenser of special services cannot therefore act arbitrarily. Courts laid the standard of
reasonableness in Governmental action.

Social and Economic Justice is the signature tune of the Indian Constitution. It guarantees,
fundamental rights which cannot be ordinarily derogated from, in protecting these right, the
Constitution has provided for writ remedies enforceable by the High Court and the Supreme
Court. An important dimension of these remedies is the award of compensation as part of the
relief that can be granted to the affected person. This arises from the fact that not only does
the state have a legal duty in protecting the rights guaranteed, but also a social duty to
compensate the affected, when the state violates these rights. On the other side, There has
been tremendous expansion in the administrative process. This is natural in a welfare state as
a welfare state is basically an administrative state. So my article deals with the Concept of
Writs, It’s Background and also Its Role in Administrative Action.
 AIMS AND OBJECTIVES

1. To study about the constitutional remedies under Administrative law.

2. To study about the nature and scope of constitutional remedies in India.

HYPOTHESES

The researcher considers the following hypotheses:

1. Liability arises from a wrong or the breach of a duty.
2. Liability implies the state of a person who has violate the right or acted contrary to
duty.

RESEARCH METHODOLOGY

For this study, primary research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.

TENTATIVE CHAPTERIZATION

1. Introduction
2. Constitutional Remedies under Administrative Law
3. Writ
1. Habeas Corpus
2. Certiorari
3. Prohibition
4. Mandamus
5. Quo- Warranto
4. Conclusion
 BIBLIOGRAPHY

1.