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100 _aFaujdar, Rishikesh Singh and Dhar, Rumi
_958203
245 _aAdministrative discretion and the law: Limits and challenges
260 _aBihar Journal of Public Administration
300 _a21(1S), Jan-Jun, 2024:p.326-334
520 _aThe 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
650 _aDiscretion, Administrative discretion, Constitution, Courts, India
_947674
773 _aBihar Journal of Public Administration
906 _aCONSTITUTION
942 _cAR