Against the excesses of the executive due to administrative discretion what is are the remedies avai...........

Indian Polity Fundamental Rights

Against the excesses of the executive due to administrative discretion, what is/are the remedies available to a common citizen?

1) Parliamentary control of administrative discretion has its own limitations because the legislature can hardly spare time to examine individual cases involving administrative discretion.

2. The entire law of judicial control of administrative discretion is based on the assumption that the courts enjoy the ultimate authority to control the discretionary powers bestowed on the executive under Judicial Review. and by way of Writs

Which of the following is/are correct?

1 only

2 only

Both 1 and 2

None

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Explanation:

The Parliamentary control of administrative discretion has its own limitations because the legislature can hardly spare time to examine individual cases involving administrative discretion. Also, if the lawmakers take up the role of administrators of law, then the general public would be left with no remedy in cases of injustice.
In India, the Parliamentary control over administrative action is more of a constitutional obligation because the Executive is accountable to the Parliament.
In India there exists a democratic Parliamentary form of government. The Parliament exercises effective control over the Executive. The natural remedy available to those aggrieved by any administrative action is to write to his/her Member of Parliament to seek redressal. The member may, in turn raise the issue informally with the Minister concerned or formally in the Lower House i.e. the Lok Sabha in the course of the debate.
The entire law of judicial control of administrative discretion is based on the assumption that the real kernel of democracy lies in the courts which enjoy ultimate authority to control the discretionary powers bestowed on the executive.
The absence of judicial control over administrative action may lead the executive to commit excesses. Such a situation would be contrary to the ideals of democracy and the concept of rule of law.
It was held in the case or Kesavananda Bharti v. State of Kerala[16], that judicial control is not just an integral part of the Indian Constitution but also a part of the basic structure which cannot be whittled down even through an amendment of the Constitution.
Judicial control of administrative action is based on the principle that all powers must be exercised within the ambit of law.
Unless the administrative action is violative of the Constitution, or is arbitrary in nature, the courts do not interfere with administrative decisions. While determining the validity of any administrative action, the courts exercise supervisory as well as appellate jurisdiction.