Limitations of Judicial Analysis in Prosecution Of Civil Servants in India

Abstract

The masterpiece work has been to deal with various legal, constitutional and fundamental rights of a civil servant. But the picture would be incomplete without a statement of the remedies available where such rights have been infringed. The general rule is that where there is a right there is a remedy the maximum being 'ubi jus ibi remedied". Hence the problem of this branch of law requires besides an examination of the rights and obligations of the Government and the civil servant a study of the remedies available to each party if the other violates the obligations imposed on him. The enforcement of the formal rules of law on the civil servant is comparatively easy because the Government being the pay master and the holder of the power of all grades of termination of employment up to dismissal can, generally speaking act on its own. In India the powers of such Judicial Review has been constitutionally mandated and expressly allowed through Article 32 before the Supreme Court and under Article 226 in the respective High Courts. By virtue of such provision it is considered that the judiciary is the safest possible safeguard, not only to ensure independence of judiciary, but also in order to prevent it from the vagaries of the executives because the judiciary corrects the executive abuse of power, or legislative excesses. In view of confennent of power of judicial review the Indian judicial; in the guise of interpreting the Constitution have started expanding and developing various laws and administrative actions, or quasi Judicial decisions.