
LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
May 23, 2025 at 06:11 AM
EXPLAIN THE VARIOUS GROUNDS FOR EXERCISING JUDICIAL CONTROL OVER “ADMINISTRATIVE
DISCRETION” IN INDIA WITH HELP OF DECIDED CASES.
ADMINISTRATIVE
DISCRETION:
Meaning: Discretion implies power to make a choice between an alternative course of action or inaction.
The term itself implies vigilance, care, caution and circumspection.
Coke proclaimed Discretion as a science or understanding to discern between falsity and truth, between right and wrong, between shadows sand substance, between equity and colourable glosses and pretences, and not to do according to their wills and private affections.
In short, here the decision is taken by the authority not only on the basis of the evidence but in accordance with policy or expediency and in exercise of discretionary powers conferred on that authority.
In Secy. Of State for Education and Science Vs. Metropolitian Borough Council Tameside. Lord Diplock said “ the very concept of administrative discretion involves a right to choose between more than one possible cause of action on which there is room for reasonable people to hold differing opinions as to which is to be preferred.
There are different types of discretionary powers conferred on the administration. They range from simple ministerial functions like maintenance of birth and death register regulation of business activity, acquiring property for the public purpose, investigations, seizure, confiscation and destruction of property, experiment or detention of a person or subjective satisfaction of the administrative authority and the like.
The need for administrative discretion arises to meet variability of situations in the interests of public. But an administration unrestrained in its power to pursue its socialistic objectives by any and all means considered expedient by the officials of government is anti-thesis of law and is nothing but administrative lawlessness.
Administrators who do as they like and who are not bound by considerations capable of rational formulation cannot be said to act within the framework of law.
When discretionary power is conferred on an administrative authority, it must be exercised according to law. When the mode of exercising a valid power is improper or unreasonable, there is an abuse of the power.
There are several forms of abuse of discretion. The excess or abuse of discretion may be inferred from the following circumstances:
a. Actingwithoutjurisdiction
b. Exceedingjurisdiction
c. Arbitrary action.
d. Irrelevantconsiderations.
e. Leavingoutirrelevantconsideration
f. Mixed considerations
g. Mala fide
h. Collateralpurpose:improperobject;
i. Colourable exercise of power;
j. Colourable legislation; fraud on Constitution
k. Non-observance of natural justice;
l. Unreasonableness.
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