Administrative discretion and its control in india. Administrative discretion 2019-01-11

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Judicial control over administrative discretion in preventive detention , Sample of Term Papers

administrative discretion and its control in india

Competition in the past was among the developed nations. Judicial review extends to every governmental or executive action - from high policy matters like the President's power to issue a proclamation on failure of constitutional machinery in the States like in Bommai case, to the highly discretionary exercise of the prerogative of pardon like in Kehar Singh case or the right to go abroad as in Satwant Singh case. The exercise of discretionary power should not be influenced by considerations that cannot be lawfully taken into account. Good examples are police officers, a while. Thus where the authority abdicates its power e. Judicial Review, Appeal and Revision It should be remembered that the object and scope of judicial review of administrative action is different from that of appeal.

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Judicial Review of Administrative Discretion in India

administrative discretion and its control in india

The right to information is the beginning and the midway between legislative supervision and administration awareness will pave the way for democratic account­ability of public administration. State of West Bengal, a preventive detention order was issued against a person mainly on the ground that he had stolen railway property. He had documents in his possession to prove his bona fide and to prove that he had purchased the goods in the open market. However a prescribed fee was charged for it and the filing of these writs were known as Purchase of a writ. Judiciary can act only when their intervention is sought. It is not always possible to foresee each and every problem but when a problem arises it must in any case be solved by the administration in spite of specific rules applicable to the situation. There is a general perception that the judiciary in this country has been active in expansion of the field of judicial review into non-traditional areas, which earlier were considered beyond judicial purview.

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Judicial control over administrative discretion in preventive detention free essay sample

administrative discretion and its control in india

While in school, he volunteered for a government research program. Discretion means making decisions or performing official acts or duties. Both the Union Parliament and the state legislatives have passed laws creating such tribunals, for example, Income-tax Appellate Tribunal, Railway Rates Tribunal, Industrial Relations Tribunal, Wage Board, and Consumer Courts, etc. It is not always possible to foresee each and every problem but when a problem arises it must in any case be solved by the administration in spite of specific rules applicable to the situation. This presumption is certainly conjectural and hence not tenable. For this purpose, the judiciary has an important role to play in protecting the citizen against the arbitrary exercise of administrative action.


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Judicial control over administrative discretion in preventive detention , Sample of Term Papers

administrative discretion and its control in india

Open Ended Questions: I believe that overall the group has done a lot of work, and added many great inputs to the existing article. Agarwal, the Supreme Court quashed on administrative action taken by the Government under Section 237 of the Companies Act, 1956 on the ground that no reasonably body would have reached impugned conclusions. 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. Remedies offered by the courts are inadequate and ineffective. However, the basis of the exercise of discretion for ordering investigation was that due to faulty planning the company incurred a loss, as a result of which the value of the shares had fallen and many examined persons had resigned from the Board of Directors. Constitution, Executive, Judge 2162 Words 7 Pages Gun control is among the most highly debated topics today.

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Administrative Law

administrative discretion and its control in india

It only means that the statutory power is exercised for purposes foreign to those for which it is in law intended. This is an all embracing formulation development by the courts in India to control the exercise of discretion by the administrative authority. Democratic administrations are amenable to parliamentary scrutiny, supervision and account­ability in varied ways. Where an administrative authority leaves out relevant consideration in the exercise of its power, such action becomes invalid. Unless the order passed by an administrative authority is unlawful or unconstitutional, power of judicial review cannot be exercised. The reason is that there is presumption in favour of the administration that it always exercises its power bonafide and in good faith.

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Administrative discretion

administrative discretion and its control in india

Some jurisdictions allow preventive detention only in specific cases, for example only for persons who have already been sentenced for a serious crime. Building broad constructions of public law through liberal interpretations especially in the area of social justice and environment protection. But the cases may be found where the courts have upheld the order of detention valid even where it was based on mixed considerations. The Committee on Subordinate Legislation has 15 nominated members from Lok Sabha. The court does not infer the requirement of reasonableness from a statute by implication. The traditional limitations have vanished and the sphere of judicial scrutiny is being expanded. The critics maintain that this control is too wild uniformed and extremely democratizing to innocent civil servant.

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Judicial Review in India

administrative discretion and its control in india

However, with different segments writs took various forms and names. Judgment : it was held that detention order was vitiated by non-application of mind. It is necessary not only for the individualization of the administrative power but also because it is humanly impossible to lay down a rule for every conceivable eventually in the complex art of modern government. In theory, we except administrators to be the good role models of the public and follow laws and regulations. The action of an authority may be motivated by some public interest as distinguished from private interest but it may be different from what is contemplated by the statute under which the action has been taken.

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Essay on Judicial Control of Administrative Action in India and Writs

administrative discretion and its control in india

They are very enlightening and I think you should incorporate that into the rest of your sections. In relation to control, more often than not the prescribing statute itself does provide for administrative mechanisms of control in addition to methods of redress to the courts of Law. The satisfaction ought to be based on relevant and non-extraneous consideration 1. Writ of habeas corpus is a remedy against illegal curtailment of freedom of individual by the administrative authority of the state though writ does not punish administrator who is the wrong doer. Besides, this aspect, they may act in derogation of fundamental principles of natural justice by not conforming to the standard or reasons and justice or that they do not just truly appreciate the existence or non existence of circumstances that may entitle them to exercise the discretion. It is a cardinal principle of Indian Constitution that no one howsoever highly placed and no authority lofty can claim to be the sole judge of its power under the Constitution.


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Role of Writs In The Administrative Law

administrative discretion and its control in india

Union of India, the production quota of a licensed manufacturer of guns was reduced from 30 to 10 guns a month. It may embody a host of grounds mentioned already, as that the authority has acted on irrelevant or extraneous consideration or for an improper purpose, or mala fide, etc. In India, the civil service code enjoins upon the public servants to declare their assets and swear allegiance to the values of the Constitution. It may be mentioned here that in France the reasonableness of the administrative acts or decisions is examined on a much broader scale than in common law countries. There is supremacy of Constitution in U. After the Bombay attacks of November 26, 2008 parliament enacted another anti-terror law known as Unlawful Activities Prevention Act.

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Abuse of Administrative Discretion

administrative discretion and its control in india

Case — Ram Manohar Lohia v. In several areas, there is a situation to administrative paralysis. Each of these branches has its own individual duties that they have to perform. Application of the Writ of Quo Warranto The high Court would exercise the power of Quo Warranto against the public authority or government who acts contrary to the provisions of the statute and restrains the authority or public servant from usurping the public office on account of lack of qualification. Relaxating its juristic procedures through suo motto cognitions.


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