Administrative
law and Public Interest Litigation
The citizens must also know how to oppose legally and consistitutionally
the excesses committed by the Executive and Governments and illegal
acts committed by their Governments and local authorities and the
fact that any citizen or body of citizens can agitate now under the
newly developed "Administrative Law" different from
substantive, procedural and constitutional law in India under the
concept of "Public Interest Litigations" which can be filed
in High Courts under Articles 226 and 227 Constitution of India and
under Articles 32 in the Supreme Court on India through any
individual or a body of citizens and such Writ petitions and even
letter and postcards addressed to the Chief Justice have been
entertained by all High Courts and the Supreme Court of India in the
case of hutment dwelless, motor acident victims, bonded labourers,
journalists, doctor, lawyers, consumers and champions of environment
laws. The Supreme Court and the High Court have granted reliefs of citizens
of bodies of citizens because equality clause under Article 14 of the
constitution of India is violated either by Government of local
authority of public undertaking, University agency or any other
institutions like nationalised Bank or Corporation covered under the
definition of the word "State" under Article 12 of the
Constitution of India.
The Administrative law has been defined by Professor H. W. R. Wade, the
author of the famous book "Administrative Law" published in England
and Prof. D. Smith in his standard book called "Judicial Review
and Administrative Action in England as "it is a law relating to
the control of Governmental power and the primary purpose of
Administrative law therefore, is to keep the powers of Governments
within their legal bounds so as to protect the citizens against their
abuse because the powerful engines of authorities must be prevented
from running amuck. The Courts are interfering with these unlawful
orders even if they are passed by Governments authorities and
administration agencies. It is a function and duty of Authorities which
the concept of administrative law requires that they can be compelled
to perform their duties if they make default. Several Indian authors
have also written and published books on Administrative law such as
Mr. V. S. Deshpande, former Chief Justice of Delhi High Court, Mr. T.
S. Batra, and Messrs. Jain and Jain and Mr. Rao enlighten citizens
with the knowledge and working of administrative law as it has
developed in Free India through Courts in India and cases decided by
the Supreme Court and High Courts in India. To quote a passage from the
Judgment of the Supreme Court of India in a leading case of Fertiliser
Corporation Kamgar Union (Registered) Sindri and others V/s. Union of
India and others reported in A.I.R. 1981 Supreme Court page 344
"When a citizen belongs to an organisation which has special interest
in the subject matter, or has some concern which is deeper that that
of a "busy body", a writ petition by such citizens would be
permissible under Article 226 of the Constitution of India. Public Interest
litigation is the part of process of a participative Justice" and
any further litigation of that pattern must have liberal construction
at the judicial door-steps." This judgment blasted the
"Doctrine of Locus Standi" which obstructed and hindered citizens
and institutions from approaching Courts for opposing executive
excesses and illegal actions of Governments and local authorities.
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