How to control administrative action by Judiciary in India

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Dr. Amit Kumar Srivastava

Abstract

Administration at present has played a very important role in the life of  every individual. Administrative law is considered as one of the most emerging fields of law which is of recent origin. According to justice Qadri significant difference between a government which is being democratic and elected by the people and government of despots lies in the fact that in case of latter there is no restriction on the  the power but in case of the former the nature of power is definite and are exercised by the regulation of law. Administrative law found its way during mid of 20th  century as a separate legal discipline in India. Till 19th  century the role of the states were limited and were mostly been consisted of maintainability of public order, disposition of armed forces along with the involvement of the government in Foreign Affairs. The present scenario is however different the states at present is much more focused in protecting the public interest and maintenance of law and order also it is quite commonly found that the state has to intervene the life of the citizens at a considerable degree. The action that are being carried out under the domain of Administrative law are called as administrative actions. These actions are nothing but legal action which is focused towards the modalities of public administrative body. administrative actions has the power to authority for taking certain action without disrupting the principal of natural justice. In  Ram Jawaya Vs. State of Panjab¹ case supreme court stated that  it is not very easy to give appropriate definition of administrative action. Generally administrative action included all types of those action which are not Judicial and legislative action. After excepting the Judicial and legislative work,  all the rest action are called administrative action.

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