Administrative discretion and its control in india. Administrative discretion 2019-02-18

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Judicial Review On Administrative Action In Indian Legal System

administrative discretion and its control in india

The administrators are taken to task and are forced to follow internal rules, subject to external suspension. Likewise, when a product causes harm to an individual, the courts may hold the vendor or manufacturer responsible. But he agreed with the majority in quashing the government order as in his opinion the government had not relied on the sale of the shares in question as suggesting fraud. To analyse the system of preventive detention in India. This is an all embracing formulation development by the courts in India to control the exercise of discretion by the administrative authority. But the construction of new building was inconformity with the lease deed and with the express sanction of the lessor i. Besides requiring that the discretion must be exercised in conformity with the odd policy of the Act and for a proper purpose, the court insists on its reasonable exercise.

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Judicial Review On Administrative Action In Indian Legal System

administrative discretion and its control in india

Mala fides may also be inferred from the authority ignoring apparent facts either deliberately or sheer avoidance. The judicial pronouncements do not depict a uniform approach on this point. Seervai, Constitutional Law of India, 3rd ed. The Federal Courts only hear cases involving a Federal issue, an appeal from a lower courts decision and cases involving diversity of citizenship. Therefore, if the law confers vague and wide discretionary power on any administrative authority, it may be declared ultra vires Article 14, Article 19 and other provisions of the Constitution. The Supreme Court exercising the powers issued the writ of Certiorari for quashing the action. Writs were issued on a petition presented to the king in council and were considered as a royal order.

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Judicial Review in India

administrative discretion and its control in india

The government takes the Parliament into confidence and apprises the latter about its achievements and predicaments. Though the writ lapsed because the Police Commissioner reversed his policy, yet the court held that the discretion of the police was not absolute and uncontrollable in the sense that no means were available for enforcing this duty. For the quick enforcement of these rights, Article 32 2 empowers the Supreme Court to issue directions or orders or writs like Heabus Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. Article 22 1 and 2 are also called Rights of an arrested person.

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Judicial Review of Administrative Discretion in India

administrative discretion and its control in india

It is an easy read, and easy to pick up new knowledge from the entry. The courts can keep a check upon any arbitrary exercise of discretionary powers by the administration. The government framed a policy granting exemption only to factories in the cooperative sector. They are very enlightening and I think you should incorporate that into the rest of your sections. The exception is that if there is a colourable exercise of power the declaration will be open to challenge at the instance of the aggrieved party. For this purpose, the judiciary has an important role to play in protecting the citizen against the arbitrary exercise of administrative action. If such powers come to the notice of the Courts, the courts have raised the arms consistently with the rule of law.

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Abuse of Administrative Discretion

administrative discretion and its control in india

Abuse of Discretion is the failure to exercise reasonable judgment or discretion. The law of writs has its origin from the orders passed by the King's Bench in England. The first case reported on the writ of mandamus was the Middletone case in 1573 wherein a citizen's franchise was restored. Irrespective of this defect, the Supreme Court and high court have been intervening in the administrative actions by way of public interest litigation. If these discretionary powers are not properly exercised, or there is abuse and misuse of powers by the executives or they take into account irrelevant consideration for that they are not entitled to take or simply misdirect them in applying the proper provision of law, the discretionary exercise of powers is void. The Respondent has read and understood the contents of the writ petition and the reply to it is set as below : Preliminary Objections: I. If the authority concerned takes in to account wholly irrelevant or extraneous circumstance, or matters then the administrative action is ultra-vires and will be Under the National Security Act 1980 originally preventive detention act 1950 a person could be detained on several grounds mentioned therein.


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JUDICIAL CONTROL OVER ADMINISTRATIVE DISCRETION IN PREVENTIVE DETENTION Essay

administrative discretion and its control in india

The law has reached its finest moments stated Duglas, C. The Supreme Court, though it did not find any fault in taking into consideration the past conduct, held the order bad, because the Board did not take into consideration the present acts which were very relevant factors in judging suitability. The other courts which were established subsequently did not enjoy this power. Administrative has to function according to the law and the constitution. The Committee scrutinises which the executive legislation delegated involves expenditure from the Consolidated Fund of India or the public revenues, whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act under which it is made; there appears to have been unjustifiable delay in its publication or in laying it before Parliament. The court examines the grounds communicated to the detenu to see if they are sufficient to enable him to make an effective representation. Such writ is issued to perform the duties as provided by the state under the statute or forbear or restrain from doing any specific act.

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Talk:Administrative discretion

administrative discretion and its control in india

There is supremacy of Constitution in U. Colourable means that the power is exercised ostensibly for the authorized end but really to achieve some other purpose; in other words, the exercise of power is illegal but it has been given the guise of legality. These rights may be individual rights or they may ensure that the governmental system. State of West Bengal, the Supreme Court observed that mala fide exercise of power does not necessarily imply any moral turpitude as a matter of law. Mala fide is a psychological factor to allege but very difficult to prove. Bureaucracy, Governance, Government 812 Words 4 Pages media content? India Today called Bhagwati, '~conscious disciple of Felix Frankfurter. It is sounds perfect, right? Article 22 1 and 2 are also called Rights of an arrested person.

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Talk:Administrative discretion

administrative discretion and its control in india

In the instant case, the branch office on the route, which the petitioner had, was ignored on the ground that he had branches elsewhere. Colourable exercise and improper purpose appear to converge and the two phrases can be used inter-changeably. Exercise of administrative power is not an exception to that basic rule. Meaning, Scope and Significance of Public Administration, Public and Private administration, Wilson's vision of Public administrations, Evolution of the discipline and its present status. Thus where an administrative order is issued on formal grounds or considerations which are irrelevant, it will quashed. Gopalan, but however it did not take long for judges to break their shackles and this led to a series of right to property cases in which the judiciary was loggerhead with the parliament. In India, outside the limitation imposed on the legislative powers, Parliament and State legislature are supreme in their respective legislative fields and the Court has no authority to question the wisdom or policy of the law duly made by the appropriate legislature.

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