Administrative discretion and the law: Limits and challenges
By: Faujdar, Rishikesh Singh and Dhar, Rumi
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Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 21(1S), Jan-Jun, 2024:p.326-334.Subject(s): Discretion, Administrative discretion, Constitution, Courts, India
In:
Bihar Journal of Public AdministrationSummary: The term ‘Discretion’ carries different connotations in different walks of life. Discretion involves choosing from the different available options without regard to any predefined criterion, regardless of how whimsical that choice may be. A person who writes a will has complete control over how his property is distributed, no matter how arbitrary or whimsical it may be. But discretion in administrative decisions involves restrictions of legal provisions, rule of law and appropriate reason. Discretion in this sense means choosing from amongst the various available alternatives but with reference to the rules of reason and justice and not according to personal whims. Such exercise is not to be arbitrary, vague and fanciful, but legal and regular. The present paper attempts to analyse the ‘Administrative Discretion’ in the contexts of its legal, constitutional, rule of law and set administrative principles by examining various interpretations and decisions by law courts as well as judicial experts and highlight the challenges therein. – Reproduced
http://www.iipabiharbranch.org/upload/BJPA_Vol.%20XXI%20No.%201(S)%20Jan-June.%202024.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 21(1S), Jan-Jun, 2024:p.326-334 | Available | AR133132 |
The term ‘Discretion’ carries different connotations in different walks of life. Discretion involves choosing from the different available options without regard to any predefined criterion, regardless of how whimsical that choice may be. A person who writes a will has complete control over how his property is distributed, no matter how arbitrary or whimsical it may be. But discretion in administrative decisions involves restrictions of legal provisions, rule of law and appropriate reason. Discretion in this sense means choosing from amongst the various available alternatives but with reference to the rules of reason and justice and not according to personal whims. Such exercise is not to be arbitrary, vague and fanciful, but legal and regular. The present paper attempts to analyse the ‘Administrative Discretion’ in the contexts of its legal, constitutional, rule of law and set administrative principles by examining various interpretations and decisions by law courts as well as judicial experts and highlight the challenges therein. – Reproduced
http://www.iipabiharbranch.org/upload/BJPA_Vol.%20XXI%20No.%201(S)%20Jan-June.%202024.pdf
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