Remedies against Administrative Action can be Constitutional, Statutory, or Equitable.

The principle "UBI JUS IBI REMEDIUM" means "Where there is a right, there is a remedy." A remedy is the way a right is enforced or satisfied by a court when it has been violated. If someone's right has been infringed, they have the right to seek enforcement of that right through legal action in court. The affected person must prove that their substantive right was violated by the defendant in a court of law. Remedies for administrative action can be broadly categorized into judicial and extra-judicial remedies.

Generally, judicial remedies are divided into:

• Constitutional (Legal Remedies): These are remedies provided by the Constitution itself to protect the fundamental rights of individuals.
• Statutory Remedies (Civil, Criminal): These remedies are based on specific laws passed by the legislature, which can include civil and criminal actions.
• Equitable Remedies: These are remedies that are not strictly based on law but are granted by courts based on fairness and justice, such as injunctions or specific performance.

Constitutional Remedies for Administrative Action

Constitutional remedies include the use of Prerogative Writs, such as Habeas Corpus, Certiorari, Mandamus, Injunction, and Quo-Warranto. These writs are issued by constitutional courts like the Supreme Court and High Courts under Articles 32 and 226 of the Constitution. Additionally, remedies can be provided through orders under other Articles, such as Articles 131 to 136, which cover the appellate jurisdiction and special leave petitions; Article 137, which allows for Curative Relief; Article 142, which gives the Supreme Court wide powers to do complete justice; and Article 227, which grants the High Courts supervisory jurisdiction over all courts and tribunals within their respective territories.

Statutory Remedies for Administrative Action

Statutory remedies are legal solutions provided under the authority of a specific law. They are different from constitutional remedies and are often used when constitutional remedies, like writs, are not applicable. For example, statutory remedies might be used to enforce the payment of money. Many remedies available in private law, such as civil suits for damages, injunctions, or declarations, are also applicable in public law.

Statutory remedies can be divided into two main categories:

• Civil Remedies (General and Specific)
• Criminal Remedies (Punishments, monetary compensation)

General Statutory Civil Remedies include:

• Injunctions: Orders to prevent or require certain actions (permanent, mandatory, or temporary).
• Declaratory Actions: Legal determinations of rights.
• Specific Performance: Requiring a party to fulfill contractual obligations.
• Restitution: Returning a party to their original position before a loss or harm.
• Recovery of Legal Costs: Reimbursement of legal fees and court expenses.
• Damages: Monetary compensation, which can be liquidated (pre-determined), unliquidated (not pre-determined), or statutory. This includes nominal, substantial, and sometimes punitive or exemplary damages.

Remedies Under Torts

Judicial Remedies:

• Damages: Financial compensation awarded to the injured party.
• Injunction: A court order to stop someone from doing something harmful.
• Decree for Possession: A legal order to return property to its rightful owner.

Extra-Judicial Remedies:

• Self-help: Taking direct action without going to court.
• Expulsion of Trespasser: Removing someone unlawfully on your property.
• Re-entry on Land: Returning to land you have a right to, if someone is occupying it unlawfully.
• Recovery of Goods and Chattels: Reclaiming your belongings without legal action.
• Distress Damage Feasant: Seizing animals that are causing damage on your property, often leading to them being held until compensation is paid.
• Abatement of Nuisance: Taking steps to stop something that is causing harm or annoyance, like removing a blockage or noise source.

Equitable Remedies for Administrative Action

Equitable remedies are the moral and fair side of justice in administrative actions. While the law might sometimes fall short, equity ensures that justice is served.

Maxims of Equity:

• Equity will not suffer a wrong to be without a remedy: If there is a wrong, equity will find a way to correct it.
• Equity follows the law: Equity works alongside the law and respects legal principles.
• Where there is equity, the law shall prevail: The law is upheld where it aligns with fairness.
• Where the equities are equal, the first in time shall prevail: If both sides are equally fair, the one who acted first has the advantage.
• He who seeks equity must do equity: To receive fair treatment, one must also act fairly.
• He who comes into equity must come with clean hands: To seek fairness, one must be free of wrongdoing.
• Delay defeats equity: Taking too long to act can prevent equitable relief.
• Equity looks to the intent rather than to the form: Equity considers the true intention behind actions, not just the formalities.
• Equality is Equity: Fairness means treating similar cases in the same way.
• Equity looks on that as done which ought to be done: Equity assumes that actions intended to be done are considered as completed.
• Equity imputes an intention to fulfil an obligation: Equity presumes that a person intends to fulfill their duties.
• Equity acts in personam: Equity often applies to individuals directly, holding them personally accountable.

Another Remedy for Administrative Action: Ombudsman

What are Lokpal and Lokayukta?

In India, the ombudsman is referred to as Lokpal or Lokayukta. The idea of a constitutional ombudsman was first introduced by then Law Minister Ashok Kumar Sen in the early 1960s. Dr. L.M. Singhvi coined the terms "Lokpal" and "Lokayukta" as the Indian version of the ombudsman to address public grievances. Although a bill was passed in the Lok Sabha in 1968, it lapsed several times due to the dissolution of the Lok Sabha.

Lokpal and Lokayukta Act, 2013

The Lokpal and Lokayukta Act, 2013, established the Lokpal for the central government and the Lokayukta for state governments. These bodies are legislative in nature and do not have constitutional status. Their role is to act as "ombudsmen," investigating complaints of corruption and other issues against certain public officials.

Structure of Lokpal

The Lokpal is a statutory body, meaning it is established by law but does not have constitutional protection. It is a multi-member organization consisting of one Chairperson and up to eight members. The Chairperson can be a former Chief Justice of India, a former Supreme Court Judge, or an eminent person with outstanding integrity and at least 25 years of experience in areas such as anti-corruption policy, public administration, vigilance, finance (including insurance and banking), law, or management.

Out of the eight members, half must be from the judiciary. Additionally, there is a requirement to include members from SC/ST/OBC/Minorities and Women, ensuring that at least 50% of the members represent these groups. The judicial members must be former Supreme Court judges or former Chief Justices of High Courts. Non-judicial members should be distinguished individuals with at least 25 years of experience in relevant fields.

Members of the Lokpal are selected based on the recommendations of a selection committee. This committee includes the Prime Minister as the Chairperson, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a Judge nominated by them, and one eminent jurist.

Jurisdiction of Lokpal

The Lokpal's jurisdiction includes the Prime Minister, with certain exceptions. It cannot investigate allegations of corruption related to international relations, defense, public order, atomic energy, and space unless a full bench of the Lokpal, with at least two-thirds of its members, authorizes the inquiry. These inquiries will be conducted privately, and the records may be kept confidential if the Lokpal decides so. The Lokpal also has jurisdiction over Ministers and Members of Parliament, except for actions taken within Parliament, such as speeches or votes. Additionally, the Lokpal's jurisdiction extends to all categories of public servants, including officers and officials in Groups A, B, C, and D of the Central Government.

Powers of Lokpal

• The Lokpal has the authority to oversee and direct the Central Bureau of Investigation (CBI).
• If the Lokpal refers a case to the CBI, the investigating officer cannot be transferred without Lokpal's approval.
• The Inquiry Wing of the Lokpal has the powers of a civil court.
• The Lokpal can confiscate assets, proceeds, receipts, and benefits obtained through corruption in special cases.
• It can recommend the transfer or suspension of public servants involved in corruption allegations.
• The Lokpal can give orders to prevent the destruction of records during a preliminary inquiry.