Seeking Justice: Civil Remedies In Administrative Matters

Gaurav Mittal, Assistant Professor (Senior Scale), School of Law, UPES, Dehradun

Introduction

Against administration, constitutional readies are available under Art 32, 226, 227 and 136 of the constitution. Apart from these, there are a few ordinary civil remedies available to a person under specific statutes against the administrative bodies. They include some specific remedies under certain statutes. These ordinary remedies are of great value, they are simple mechanisms for the vindication of legal rights against an administrative authority. The write jurisdiction of the High Court cannot be invoked in a few cases, e.g. For enforcement of the payment of money or claim for damages accruing from civil liability against the administrative bodies.

The writ jurisdiction is not invoked also in those cases which involve a decision on the question of fact based on evidence produced by parties. It has been further found that relief through writ has become costly, which ordinary citizens cannot afford.

In many cases, people choose to sit silent, bearing injustice, rather than to go to courts to invoke the writ jurisdiction because they are not able to incur the expenses of a High Court.

In such circumstances, it is highly desirable that these ordinary equitable remedies should be made effective and popular.