-
Essay / Law: excess or abuse of discretionary power in - 985
Law reached its finest moments when it freed man from the unlimited discretion of a ruler... Where discretion is absolute, man has always suffered. - Justice Douglas “Discretion,” as Coke proclaims, is a science or understanding of discerning between falsehood and truth, between good and evil, between shadows and substance, between fairness and glosses and pretenses, and not to act according to their private will and affections. Administrative authorities have acquired broad discretionary powers and, generally, the exercise of these powers is left to the subjective satisfaction of the administration, without setting statutory guidelines or imposing conditions. The administrative administration administers the law enacted by legislation and thus exercises executive functions; it also enacts laws when legislative powers are delegated to it by the legislature and it also interprets the law through administrative courts. Thus, virtually all powers are concentrated in the hands of the administration – legislative, executive and judicial. apply vague or undefined legal provisions on a case-by-case basis. There are at least four good reasons for conferring discretionary power on administrative authorities: The current problems that the administration is called upon to deal with are of a complex and varied nature and it is difficult to understand them all within the framework of general rules. Most problems in the middle of a document ......h, the authority must be convinced of the existence of the reasons mentioned in the statute. The courts are empowered to consider whether these grounds existed at the time the action was brought. A person aggrieved by such an action may challenge the legality of the satisfaction by showing that it was based on irrelevant grounds. Thus, the existence of circumstances can be subject to judicial review. Omitting relevant considerations An administrative authority cannot take into account irrelevant or superfluous considerations. Similarly, if the authority does not take into account relevant considerations, the exercise of power will also be bad. In the case of Sachidanand Pandey v. State of West Bengal, the Supreme Court said that “the proposition that a decision must be taken after taking into account all relevant considerations, avoiding all irrelevant considerations cannot be doubted for a moment..”