Comparative Analysis: The Role Of Writs In Indian And Canadian Administrative Law
- IJLLR Journal
- Dec 28, 2025
- 2 min read
Anushka Pundir, BML Munjal University
Exploration of Administrative Law in India and Canada
Administrative law, governing government administrative agencies, is vital in ensuring the legality, fairness, and justice of their actions in both India and Canada. It ensures government agencies are responsible, with its origins dating back to ancient civilizations like the Mauraya dynasty. This field of law defines how the government engages with its populace, outlining the powers and obligations of administrative bodies. Over time, administrative law has evolved, emphasizing fairness, reasonableness, and justice. It prevents potential misuse of power, although it cannot supersede constitutional provisions. This research paper explores its historical development, significance, and distinctions from constitutional law in India. Administrative law aligns government actions with the Constitution and laws, ensuring citizen protection. It defines administrative roles, fostering transparent governance, addressing public needs in sectors like healthcare and education, and establishing tribunals to maintain fair government-citizen relations and prevent power abuse.
Writs, originating from English common law, are crucial judicial orders empowering individuals to challenge administrative authorities' unlawful decisions and protect their rights. In administrative law, writs serve as vital tools to ensure government officials operate within legal boundaries, preventing abuse of power and upholding citizens' fundamental rights. This assignment explores the intricate administrative law mechanisms in India and Canada, focusing on the role of writs. By comparing the administrative frameworks of both countries, it aims to identify similarities and differences in writ utilisation. Objectives include tracing the historical evolution of administrative law, highlighting constitutional foundations, examining administrative law's significance in ensuring government accountability, transparency, and fairness. The analysis delves into various writ types in India and Canada through landmark cases, comparing legal procedures, remedies, and outcomes. Challenges faced by administrative law systems in both nations are evaluated, alongside emerging trends and potential reforms. Through this exploration, the assignment provides a detailed overview of administrative law concepts, emphasizing writs' pivotal role in safeguarding individual rights in India and Canada, fostering a nuanced understanding of legal frameworks and practical implications in both jurisdictions.
