Administrative discretion and its control. Talk:Administrative discretion 2019-02-25

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administrative discretion and its control

On the other hand, the minister on judicial review will need to show that there is an important competing public interest which he could reasonably judge sufficient to justify the restriction and he must expect his reasons to be closely scrutinised. It should also be noted that the size of the group that might be able to call upon the legitimate interest is also a relevant factor. In this case under the statutory mil-marketing scheme, the prices paid to milk producers in different areas are fixed by the Milk Marketing Board which consists of representatives of the producers. The reason is that delegated legislation being a power to make an order of general applicability presents less chance of administrative arbitrariness than administrative discretion which applies from case to case. 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. It can intervene only on the request of somebody who has been affected or is likely to be affected by an official action.

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Judicial control over administrative discretion in preventive detention free essay sample

administrative discretion and its control

It is sounds perfect, right? The decision of the House of Lords in Padfield v. In india, while exercising discretion, the government has to measure it upon the touchstone of constitutional provisions of equality, freedom, and justice. The question for the court was whether a condition prohibiting the entry of children under 15 on a Sunday was unreasonable and, if so, whether an unreasonable action could be considered to be an unlawful action. Therefore, they have developed various formulations to control the exercise of administrative discretion. The examples below serve to illustrate some of these general principles. The government conceded that there was nothing on record to justify the order. But we consider that it is not for this court to perform its burial rites.

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Administrative Discretion Law and Legal Definition

administrative discretion and its control

There are many kinds of administrative actions, which cannot be reviewed by the law courts. But they do concern innate qualities of a very personal kind and the decisions of which the applicants complain have had a profound effect on Page 18 of 31 their careers and prospects. Conscientious moral agents therefore have no option. State of Kerala, the petitioner, a businessman, dealing in wholesale kerosene oil was detained under Rule 30 1 b of the Defence of India Rules, 1962 with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the life of the community. These organizations help craft due care diligence obligation for organizations, mandate the creation of.


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Control of Discretion in Administrative Law

administrative discretion and its control

It is now accepted that this issue is justiciable. Collins where the statute authorised the Secretary of Agriculture to prescribe such regulations as he may deem proper to carry out the provisions of this chapter the court did not accept the contention that the contents of the regulations were committed to the absolute discretion of the Secretary which was not subject to judicial review. It can also simply mean that the administration does not attempt to make their information easy to access or understand for the public. The Vivian Bose Enquiry Commission had found these managing agents guilty of gross misconduct during the year 1946-47 in relation to other companies. I will further discuss the control of discretionary authority. Prosecutors are the ones to file charges against someone with complaints. Similarly, where Municipal Corporation refused to approve the construction of buildings with a view to pressurizing the petitioner to provide drainage for the adjoining building, and where the construction scheme of the petitioner does not contravene.

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Control of Discretion in Administrative Law

administrative discretion and its control

Most of the principles which apply to control administrative discretion, and are being discussed here, apply mutatis mutandis to the exercise of discretion by tribunals or other quasi-judicial bodies. When Andrew Jackson took office in 1829, he appointed his close friends office to work in administered processes. These formulations may be conveniently grouped into two broad generalizations i That the authority is deemed not to have exercised its discretion at all. Lawful and Unlawful Delegation As noted above, there is a general principle that there should be no unlawful delegation of power. The exercise of discretion should not be arbitrary, vague and fanciful. The reason is that there is presumption in favour of the administration that it always exercises its power bonafide and in good faith. Making due allowance for important structural differences between various Convention rights, which I do not propose to discuss, a few generalisations are perhaps permissible.

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Abuse of Administrative Discretion

administrative discretion and its control

An example of how an officer use of discretion has been impeded is how we react to and enforce domestic violence situations. The courts have also stated that the authority should consider the question fairly and reasonably before taking action. Administrative Law Administrative Law is the law related with the administrative functions of the the Government and its Departments. Union of India, the production quota of a licensed manufacturer of guns was reduced from 30 to 10 guns a month. Courts have proved to be the more effective and beneficiary branch than any other Parliamentary or Legislative or Administrative action for the purpose of the controlling the administrative action in India.


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Judicial Review of Administrative Discretion in India

administrative discretion and its control

There are many cases that one might point to in order to exemplify this point, but the following cases explain the development of this line of case law. Of course, the words of section 9 2 b have to be interpreted in their context, and I accept that a sufficiently clear and strong context could justify a different conclusion, in the sense that the words of section 9 2 b could, as a matter of language, just about extend to a regulation such as the draft order. With many aspects of policing, and a variety of calls they receive, officers must use discretion in all, if not almost all, interactions with potential criminals or the community. They are very enlightening and I think you should incorporate that into the rest of your sections. In most democracies, no one can be arrested without being told the grounds for such an arrest, except under rare and special circumstances usually anti-terrorism legislation. We will, however, briefly examine the ways in which primary and secondary legislation might create and then potentially constrain the exercise of administrative discretion.

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Administrative discretion

administrative discretion and its control

In this sense, mala fides is equated with any ultra vires exercise of administrative power. It was alleged that the Chief Minister had acted mala fide in giving the directions. Circumstances differ from case to case so that applying one rule mechanically to all case may itself result in injustice. The two situational motivations combine to create four types of discretionary situations for law enforcement officials. Company Law Board, the Company Law Board exercising wide discretionary power under Section 326 of the Companies Act, 1956 in the matter of renewal of a managing agency refused approval for the renewal to the managing agents of the Rampur Distillery.

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