April 16, 2024

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The abuse of administrative discretion

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Discretion in layman’s language implies choosing from among the different accessible options without reference to any predetermined measure, no matter how whimsical that choice may be. An individual composing his will has such discretion to arrange his property in any way, no matter how subjective or whimsical it may be. But the term ‘discretion’ when qualified by the word ‘administrative’ has to some degree diverse hints. ‘Discretion’ in this sense means choosing from among the different available choices but concerning the rules of reason and justice and not concurring to individual impulses. Such exercise isn’t to be arbitrary, unclear, and whimsical, but legal and regular.

The mishandling of administrative tact takes several shapes, for instance, acting on mala fide grounds, overlooking pertinent considerations and acting on irrelevant ones, making choices without persuasive material, and misconstruing the power allowed by law. Indeed, though the courts have set up those obstructions in these choices is allowed on certain grounds, it still regards the process of decision making that the authorities enjoy within. As it was check courts impose is that way of making the choice fair. This tool was connected to the case of Ranjit Thakur v. Union of India where an army official was court-martialled in response to a minor indiscretion committed by him. He challenged the order within the Supreme Court and quashed it expressing that the rule of proportionality requested that the discipline given includes a nexus with the act committed and is proportional to the same. The court justified its impedances on the ground that the choice in question was grossly India has formulated a parameter for the exercise of discretion, the concept of judicial behavior still halting, variegated, and lacks the activism of the American courts. Judicial control of administrative discretion is exercised at two stages:

 India has formulated a parameter for the exercise of discretion, the concept of judicial behavior still halting, variegated, and lacks the activism of the American courts. Judicial control of administrative discretion is exercised at two stages:

  1. The administrative authority ceased to function the authority vested in it.
  2. The authorities exercised discretion incorrectly with mala side, improper.

Abuse of discretion– The definition has been developed by courts in India to control the work out of discretion by the administrative authority. Improper work out of discretion includes such things as mala fide, improper reason, unessential or significant considerations, no material, misdirection of law and fact, unreasonableness.

  1. Mala Fide: – It means with bad intention, not in good faith. In the procedure of decision-making, mala fide is allowed. Malice may be either a fact or the law. The case that motives behind an administrative action are personal animosity, spite, personal benefit to the authority itself or friends.

Major case law that implied was G. Sadanadan v State of Kerala,” The DSP (Civil Supplies Cell) passed a detention order against those kerosene dealers who will operate without a license and dealing in kerosene illegally. It was alleged that DSP was acting mala fide because his brother was a competitor in the same business. The DSP did not file a counter affidavit in court against his charges. The court quashed the action.” 

  1. Improper Purpose: – The statutes confer power for one reason, which is utilized for different purposes and will not be respected as a valid exercise of powers that will be suppressed. In present-day times, the cases have been expanded since the conferment of broad discretion power has gotten to be a normal tendency.

Conclusion

The mishandling of administrative tact takes several shapes, for instance, acting on mala fide grounds, overlooking pertinent considerations and acting on irrelevant ones, making choices without persuasive material, and misconstruing the power allowed by law. Indeed, though the courts have set up those obstructions in these choices is allowed on certain grounds, it still regards the process of decision making that the authorities enjoy within. As it was check courts impose is that way of making the choice fair. This tool was connected to the case of Ranjit Thakur v. Union of India where an army official was court-martialled in response to a minor indiscretion committed by him. He challenged the order within the Supreme Court and quashed it expressing that the rule of proportionality requested that the discipline given includes a nexus with the act committed and is proportional to the same. The court justified its impedances on the ground that the choice in question was grossly disproportionate.

The freedom given to administrative authorities to decide matters, using their best judgment countered with the overarching judicial control is a sign of the balance maintained in Indian jurisprudence. This balance makes all the difference: on the one side lies unfettered power and on the other, judicial supremacy. The middle ground is perhaps the best place to be.

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