Remedies against Administrative Action can be Constitutional, Statutory, or Equitable.
The principle "UBI JUS IBI REMEDIUM" means "Where there is a right, there is a remedy." A remedy is the way a right is enforced or satisfied by a court when it has been violated. If someone's right has been infringed, they have the right to seek enforcement of that right through legal action in court. The affected person must prove that their substantive right was violated by the defendant in a court of law. Remedies for administrative action can be broadly categorized into judicial and extra-judicial remedies.
Generally, judicial remedies are divided into:
Constitutional remedies include the use of Prerogative Writs, such as Habeas Corpus, Certiorari, Mandamus, Injunction, and Quo-Warranto. These writs are issued by constitutional courts like the Supreme Court and High Courts under Articles 32 and 226 of the Constitution. Additionally, remedies can be provided through orders under other Articles, such as Articles 131 to 136, which cover the appellate jurisdiction and special leave petitions; Article 137, which allows for Curative Relief; Article 142, which gives the Supreme Court wide powers to do complete justice; and Article 227, which grants the High Courts supervisory jurisdiction over all courts and tribunals within their respective territories.
Statutory remedies are legal solutions provided under the authority of a specific law. They are different from constitutional remedies and are often used when constitutional remedies, like writs, are not applicable. For example, statutory remedies might be used to enforce the payment of money. Many remedies available in private law, such as civil suits for damages, injunctions, or declarations, are also applicable in public law.
Statutory remedies can be divided into two main categories:
General Statutory Civil Remedies include:
Equitable remedies are the moral and fair side of justice in administrative actions. While the law might sometimes fall short, equity ensures that justice is served.
Maxims of Equity:
In India, the ombudsman is referred to as Lokpal or Lokayukta. The idea of a constitutional ombudsman was first introduced by then Law Minister Ashok Kumar Sen in the early 1960s. Dr. L.M. Singhvi coined the terms "Lokpal" and "Lokayukta" as the Indian version of the ombudsman to address public grievances. Although a bill was passed in the Lok Sabha in 1968, it lapsed several times due to the dissolution of the Lok Sabha.
The Lokpal and Lokayukta Act, 2013, established the Lokpal for the central government and the Lokayukta for state governments. These bodies are legislative in nature and do not have constitutional status. Their role is to act as "ombudsmen," investigating complaints of corruption and other issues against certain public officials.
The Lokpal is a statutory body, meaning it is established by law but does not have constitutional protection. It is a multi-member organization consisting of one Chairperson and up to eight members. The Chairperson can be a former Chief Justice of India, a former Supreme Court Judge, or an eminent person with outstanding integrity and at least 25 years of experience in areas such as anti-corruption policy, public administration, vigilance, finance (including insurance and banking), law, or management.
Out of the eight members, half must be from the judiciary. Additionally, there is a requirement to include members from SC/ST/OBC/Minorities and Women, ensuring that at least 50% of the members represent these groups. The judicial members must be former Supreme Court judges or former Chief Justices of High Courts. Non-judicial members should be distinguished individuals with at least 25 years of experience in relevant fields.
Members of the Lokpal are selected based on the recommendations of a selection committee. This committee includes the Prime Minister as the Chairperson, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a Judge nominated by them, and one eminent jurist.
The Lokpal's jurisdiction includes the Prime Minister, with certain exceptions. It cannot investigate allegations of corruption related to international relations, defense, public order, atomic energy, and space unless a full bench of the Lokpal, with at least two-thirds of its members, authorizes the inquiry. These inquiries will be conducted privately, and the records may be kept confidential if the Lokpal decides so. The Lokpal also has jurisdiction over Ministers and Members of Parliament, except for actions taken within Parliament, such as speeches or votes. Additionally, the Lokpal's jurisdiction extends to all categories of public servants, including officers and officials in Groups A, B, C, and D of the Central Government.
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