Question

Which is a remedy available to an individual aggrieved by actions of administrative authority?

• A. Prerogative remedies
• B. Ombudsman
• C. Statutory remedies
• D. All of the above

Hint:

Before invoking constitutional "prerogative remedies" under Article 226, courts usually require the aggrieved individual to exhaust any available "statutory remedies" provided under the parent Act, unless there is a violation of natural justice or fundamental rights.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks to identify the legal remedies available to an individual who is aggrieved by an unlawful or unfair decision or action of an administrative authority.

Step 2: Key Legal Principles and Approach:
Remedies in administrative law are categorized into constitutional, statutory, and non-judicial (administrative) mechanisms.
We must evaluate whether the options provided fall under these valid categories.

Step 3: Detailed Explanation:

• Prerogative Remedies (Option A): These are the constitutional writ remedies (such as Certiorari, Mandamus, Prohibition, Habeas Corpus, and Quo Warranto) issued by the High Courts under Article 226 and the Supreme Court under Article 32 of the Indian Constitution.

• They are the most powerful judicial tools used to quash illegal administrative orders and direct authorities to perform their legal duties.

• Ombudsman (Option B): The Ombudsman (represented in India by the Lokpal at the national level and Lokayuktas at the state level) is an independent non-judicial officer who investigates complaints of maladministration, corruption, and abuse of power against administrative authorities.

• It represents an effective alternative grievance redressal mechanism.

• Statutory Remedies (Option C): These are remedies provided within the specific parent statute itself, such as statutory appeals, references, or reviews before departmental heads or specialized tribunals (e.g., the Income Tax Appellate Tribunal or Central Administrative Tribunal).

• Since all of these are valid and widely utilized remedies against administrative actions, the correct answer is "All of the above" (Option D).

Step 4: Final Answer:
An aggrieved individual can seek relief through prerogative writs, an ombudsman, or statutory appeals, making Option (D) the correct answer.