INTRODUCTION
India is a country with a democratic setup, where the Constitution serves as the supreme law of the land. The Constitution defines the framework for the administration of the country and sets out the powers and responsibilities of the government. In this context, the Indian judiciary plays a vital role in ensuring that the government functions within the boundaries of the Constitution and the law. The judiciary has the power to check the actions of the executive and ensure that they are in line with the principles of democracy.
JUDICIAL CONTROL
- JUDICIAL REVIEW : Judicial review is the power of the courts to review the actions of administrative agencies to ensure that they are consistent with the law and do not violate fundamental rights and freedoms. This means that the courts can examine the actions of administrative agencies and declare them unconstitutional, illegal, or ultra vires (beyond the powers of the agency). The courts can also issue orders and injunctions to enforce their decisions.
- WRITS : Courts have the power to issue writs, which are legal orders that compel the administrative agencies to act or refrain from acting in a certain way. The most common writs are mandamus, certiorari, and prohibition. A writ of mandamus compels an agency to perform a duty that it has neglected or refused to perform. A writ of certiorari orders an agency to produce a record of its proceedings for review by the court. A writ of prohibition prevents an agency from taking an action that is beyond its jurisdiction or authority.
- PUBLIC INTEREST LITIGATION : Public Interest Litigation (PIL) is a legal mechanism that allows citizens to bring cases before the courts to protect the public interest. PIL can be used to challenge the actions of administrative agencies that are harmful to the public interest, such as environmental degradation or violation of human rights. PIL is an important tool for promoting transparency and accountability in the administration.
- SEPARATION OF POWERS : Judicial control is an essential aspect of the system of separation of powers, which divides the powers of government among different branches to prevent the concentration of power in any one branch. The judiciary acts as a check on the executive and administrative agencies, ensuring that they act within their delegated powers and in accordance with the law.
- RULE OF LAW : Judicial control is also an essential aspect of the rule of law, which requires that government action be based on a clear and predictable legal framework. The judiciary ensures that the administration is subject to the law and that the principles of fairness, impartiality, and equality before the law are upheld.
CONCLUSION
In conclusion, judicial control plays a vital role in ensuring that the administration is subject to checks and balances and that the rule of law is upheld. Through mechanisms such as judicial review, writs, public interest litigation, separation of powers, and the rule of law, the judiciary can regulate and review the actions of the executive and administrative agencies. This helps to promote transparency, accountability, and fairness in the administration, and to protect fundamental rights and freedoms. By ensuring that the administration acts within its delegated powers and in accordance with the law, judicial control helps to maintain the integrity of the democratic system and promote the public interest.