Constitutional law remedies against administrative arbitrariness

  • Ordinary remedies are in principle open to any decisions during the time period determined by law, the authority to use them is removed by accepting the decision.
    Ordinary legal remedies are to temporarily suspend the implementation of decisions.
Apr 7, 2020Remedies against Administrative Action can be Constitutional, Statutory or equitable. UBI JUS IBI REMEDIUM denotes 'Where there is a Right,  STATUTORY REMEDIES FOR EQUITABLE REMEDIES FOR

Should the Supreme Court constitutionalize administrative law?

By constitutionalizing administrative law, the Supreme Court is willing to redirect this vast body of administrative litigation to itself, claiming administrative law questions as issues of rights enforcement, and taking them away from administrative tribunals, and civil and high courts

What are remedies against administrative action?

Remedies against Administrative Action can be Constitutional, Statutory or equitable

UBI JUS IBI REMEDIUM denotes ‘Where there is a Right, there is a remedy’

Remedy denotes the manner in which a right is enforced or satisfied by a Court in case of its violation

What if arbitrary administrative action infringes a person's rights?

person whose right is infringed by an arbitrary administrative action may approach the Court for appropriate remedy

The Constitution of India, under Articles 32 and 226 confers writ jurisdiction on Supreme Court and High Courts, respectively for enforcement/protection of fundamental rights of an Individual


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