Judicial control of administrative discretion. Free Law Projects: Administrative Law 2019-01-13

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Judicial Review of Administrative Discretion in India

judicial control of administrative discretion

This is also known as the principle of ultra vires. What guidance the law cannot provide is supposed to be provided by standard principles of justice and due process, reason, and the facts of each case. Those who practice vegetarianism on ethical grounds base their argument on the fact that all forms of. It comprises judges and magistrates from the network of courts that form the legal system. At times, the court uses the phrase 'mala fide' in the broad sense of any improper exercise or abuse of power. It is therefore imperative that the Judiciary executes its functions in an independent manner.

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Judicial Review of Administrative Decisions

judicial control of administrative discretion

The Commissioner of police had discretion to refuse to grant a licence for any land conveyance which he might consisting to be insufficiently sound or otherwise comfit far conveyance of the public. Further, all types of discretion are characterized by some sense that the agency needs a degree of freedom to make mistakes. Administrative discretion is important because without it, it could lead to arbitrary and unreasonable use of such discretion, which may lead to destruction of basic principles of administrative law. Judicial action is incredibly expensive and cannot therefore be taken. This act expired in 1969, and before it expired, it was amended for 7 times, each expansion was to make it valid for 3 more years and this it was extended till 31 December 1969. College of Technology 1981 , the court held that a High Court transgresses its jurisdiction under Article 226 if it enters upon the merits of the controversy by embarking upon an inquiry into the facts.

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Judicial control over public administration

judicial control of administrative discretion

Malafides would mean anything which is not bonafide or something that is done with an intention which is dishonest. Even if the officers have reason to believe that the victim may be deceitful or have alternative motives, he still must arrest and book the accused. The authority detaining a person is required to communicate the grounds for detention to the detenu. Company Law Board 1967: This case shows a definite orientation in the judicial behaviour for an effective control of administrative discretion, in India. They look for a formal accusation of a serious before presenting to the grand jury. Especially for a judge, a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Obama Punts as Utah Grants Amnesty to Illegals; President Tackles Arizona for Upholding Federal Immigration Law.

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Law Learner: Judicial control of Administrative Discretion

judicial control of administrative discretion

How much discretion does the executive branch have over immigration policy? In India, the judiciary has given an extended meaning to the doctrine of ultra vires so as to able to control the discretionary decision of administrative authorities. The highly technical nature of most of the administrative actions saps the force of judicial review. Cumbersome procedure: Many legal procedures are beyond the comprehension of common man. While the no-fettering rule continues to frame and shape judicial intervention, it exists in considerable tension with newer legal doctrines and its scope and functions appear to have altered. The intention was to make sure that the public is protected and safe, with secured proper entitlements. From the sequence of events, certain tape recordings and the absence of an affidavit denying allegations, the court concluded that charge of mala fide is proved. Remedies offered by the courts are inadequate and ineffective.


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Administrative discretion

judicial control of administrative discretion

Devaki vs government of T. Administrative has to function according to the law and the constitution. Something quite extreme would be needed, e. The four different situations are proactive and reactive law enforcement and proactive and reactive order maintenance. There are several administrative acts, which cannot be reviewed by courts. In India, the judiciary has been given an apex place.


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Law Learner: Judicial control of Administrative Discretion

judicial control of administrative discretion

Unfortunately, special interests, politicians, and corruption have taken its toll on the use of discretion during an officers work day. Mala fides means imputation of bad faith, dishonest intention or corrupt motive. It was held that since the authority did not consider vital facts relevant to the detention of the petitioner the detention order was bad. Thus, An authority cannot use its discretion without taking into consideration the facts and circumstances of every case. It does not stand in the same position as a private individual. Administrator may use the discretionary powers vested in him.

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Law Learner: Judicial control of Administrative Discretion

judicial control of administrative discretion

If the statute mentions no such considerations, the power is to be exercised on considerations relevant for the purpose for which it is conferred. Of the five types of discretion, only three forms - individualizing, executing and policymaking discretion, are reviewable in the traditional sense. It was abolished in 1978. When criminal proceedings are to be instituted against an official for the acts done in his official capacity, previous sanctions of the Head of the State i. Another is that he is potential to commit a crime in future.


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Judicial Review of Administrative Discretion in India

judicial control of administrative discretion

Every person who has been arrested would be produced before the nearest magistrate within 24 hours. Moreover, judicial regulation of administrative rule-making is still patchy and incomplete, and its conceptual basis is often unclear. The exercise of discretion should not be arbitrary, vague and fanciful, but legal and regular. In Sri Rama Sagar Industries Ltd. It was clearly stipulated that acceptance of tender would rest with the Airport Director who can reject or accept any tender without assigning any reason. The Chief Justice and the President of the Court of Appeal are appointed by the Governor General on the advice of the Prime Minister in consultation with the Leader of the Opposition. Control of Abuse of Administrative Discretion: Judicial Trends.

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