What are the constitutional remedies against administrative action?
Table of Contents
- 1 What are the constitutional remedies against administrative action?
- 2 What are the remedies available against the state for administrative action and discretion?
- 3 What is quo warranto in administrative law?
- 4 On what grounds judicial review of administrative action can be exercised?
- 5 Can quo warranto be issued against President?
What are the constitutional remedies against administrative action?
Constitutional remedies consist of remedies by Prerogative writs such as Habeas Corpus, Certiorari, Mandamus, Injunction and Quo- Warranto, by the constitutional courts, i.e. the Supreme Court and the High Courts of Art-32 and 226, and by orders under other Articles such as Art- 131 to 136, 137(Curative Relief), 142.
What are the remedies available against the state for administrative action and discretion?
Injunctions and declarations: Injunctions and declarations can be granted by judiciary under Specific Relief Act, 1963; Compensation: Compensation Under various statutory provisions and constitutional provisions, damages (monetary compensation) can be claimed against unjust administrative actions; and.
How do I file a writ of quo warranto?
You can file a writ petition in the Supreme Court under Article 32 of the Indian Constitution, whereas you can file the writ petition in High Court under Article 226 of the Indian constitution. You can also file Writ Petitions in India for a civil or a criminal act.
What are the conditions for the grant of quo warranto by the court?
Conditions For Issue of Quo Warranto: The office must be a public one and it must be created by the constitution. It must be a substantive one. There must be a contravention in constitution in appointing the person for that office.
What is quo warranto in administrative law?
5. Quo Warranto- The word meaning of ‘Quo warranto’ is ‘by what authority’. It is a judicial order against a person who occupies a substantive public office without any legal authority.
On what grounds judicial review of administrative action can be exercised?
Grounds for this writ are (a) excess or failure to exercise the jurisdiction (b) violation of natural justice rules such as right of notice and hearing (c) violation of fundamental rights or statutory provisions of laws. (c) Finding of facts which no person would have reached to the conclusion.
Who can file quo warranto?
The writ of quo warranto can be issued against the holder of a public office. The writ calls upon him slowly to the court under what authority he holds the office. If the holder has no authority to hold the office, he can bee ousted from its enjoyment.
Who can file a writ of quo warranto?
“21. From the aforesaid exposition of law it is clear as noonday that the jurisdiction of the High Court while issuing a writ of quo warranto is a limited one and can only be issued when the person holding the public office lacks the eligibility criteria or when the appointment is contrary to the statutory rules.