What is discretion in administrative law how administrative discretion is controlled?

Discretion means the liberty to act according to one’s pleasure, or at one’s own will. Administrative discretion thus means the authority vested in the Executive, the public officials who administer the government, to perform certain functions, make certain decisions at their own judgment, and exercise certain powers.

What is meant by discretionary powers?

(often in the plural: discretionary powers) a power that a person can use if that person thinks that it is suitable given the situation and circumstances. “The Administrator shall have the discretionary power to determine all questions arising in connection with the administration of the Plan.”

What is abuse of discretionary power?

(b) That the authority has not exercised its discretion properly– “abuse of discretion”. – This is an all-embracing formulation developed by courts in India to control the exercise of discretion by the administrative authority.

What is rule of law in administrative law?

According to Sir Edward Coke “Rule of Law” means the absence of arbitrary power on the part of Government. This phrase was derived from the French phrase “la Principe de legality” which means that the principle of legality whatever the legal system principle is called a rule of law.

What is discretionary power of government?

Professor Harold Laski has defined discretionary power as that authority of the executive « whether in matters of sub- stance or of procedure or both, which it is free to exercise as it thinks fit ». *1 Legally, it is the power to exercise a discre- ‘ tion with which the courts cannot interfere.

What is discretionary power of judges?

Judicial discretion refers to a judge’s power to make a decision based on his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.

What is discretionary power of president?

The President has discretionary power when he exercises suspensive veto ie. when he returns a bill (not money bill) for reconsideration of the parliament.

What is discretionary power in administrative law?

The term “discretionary power” means a power which leaves an administrative authority some degree of latitude as regards the decision to be taken, enabling it to choose from among several legally admissible decisions the one which it finds to be the most appropriate.

What is administrative discretion give an example?

In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action.

How are discretionary powers used in administrative law?

Discretionary Powers Discretionary powers exercised by administrative and legal authorities are permissive, and not binding. These powers are granted to these officials by statute or delegation. Discretionary powers do not impose an obligation on a decision-maker to exercise them or to exercise them in a particular manner.

What does discretion mean in an administrative decision?

Administrative decisions often include the exercise of discretion. Discretion exists when the decision-maker has the power to make a choice about whether to act or not act, to approve or not approve, or to approve with conditions. The role of the decision-maker is to make a judgement taking into account all relevant information.

When does an administrative agency have wide discretion?

United Distrib. Cos., 498 U.S. 211 (U.S. 1991), the US Supreme Court stated that an administrative agency enjoys wide discretion in ascertaining best way to handle related, yet discrete issues in terms of procedures and priorities. Administrative agencies exercise wide discretion in selecting the methods to attain the legislature’s goals.

When is administrative legislation is arbitrary, unreasonable and discriminatory?

If the administrative legislation is arbitrary, unreasonable and discriminatory. If the administrative legislation is malafide. If the administrative legislation encroaches upon the rights of private citizens derived from the common law, in the absence of an express authority in the Parent Act.