The Common Law in India - College of Social Sciences and ...

196 The Common Law in IndiaThe House of Lords has expressly decided that thisjurisdiction extends to quasi judicial as well as thejudicial functions. 31The position of the ordinary courts in India inrespect of the decisions of administrative bodies orpersons entrusted with statutory powers has beenexplained by the Privy Council. 32 It has stated thatwhen such decisions are challenged the exclusion of thecivil courts is not to be readily inferred from a statute.Such exclusion must either be explicitly expressedor clearly implied. Even in cases where the statuteexcludes the jurisdiction of the courts the courtscan examine into cases where the statute has notbeen complied with or the statutory tribunal hasnot acted in conformity with the fundamental principleunderlying judicial procedures.The Constitution of 1950 has in this matter takena notable step forward. Having included a Bill ofRights in the Constitution the Constitution-makershad necessarily to provide remedies for the enforcementof these rights. They also envisaged a welfarestate with its inevitable accompaniment of a massof parliamentary and subordinate legislation whichwould involve constant interference with the normalactivities of the citizen. It was, therefore, essentialto provide procedures and remedies which wouldenable the citizen to approach the courts and obtainspeedy and effective redress against interference withhis fundamental rights or an unconstitutional enactmentor unwarranted administrative action. These3132Min. of Health v. The King (on the Prosecution of Yaffe)[1931] A.C. 494.Secretary of State v. Mask & Co. (1940) 67 I.A. 222, at 236.