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Administrative Discretion in Indian Law

Introduction​

Administrative discretion plays a crucial role in the functioning of government agencies and public institutions in India. This concept allows administrators to exercise judgment and make decisions beyond strict adherence to rules and regulations. Understanding administrative discretion is essential for law students, particularly those pursuing LLB degrees.

Definition and Scope​

Administrative discretion refers to the power granted to government officials to make choices and take actions that are not explicitly mandated by law. This power allows administrators to adapt policies and procedures to meet unique circumstances and ensure effective governance.

In dia, administrative discretion is governed by various constitutional and statutory provisions:

  • Article 73 of the Constitution grants Parliament the power to make laws for the governance of the country.
  • Article 77 empowers the President to appoint officers for the administration of the Union.
  • Section 19 of the Administrative Tribunals Act, 1985, defines the scope of administrative tribunals.

Case Studies​

State of Maharashtra vs. Prabhakar Pandurang Kunte (1978)​

In this landmark case, the Supreme Court of India addressed the limits of administrative discretion:

  • The court ruled that administrative discretion must be exercised reasonably and in accordance with established principles.
  • The judges emphasized that excessive delegation of powers could lead to abuse of authority.

Legal Section: Section 19(2) of the Administrative Tribunals Act, 1985

Union of India vs. R.K. Sabharwal (1967)​

This case highlighted the importance of transparency in administrative decision-making:

  • The court held that administrative authorities must provide reasons for their decisions.
  • The ruling emphasized the need for accountability in the exercise of discretionary powers.

Legal Section: Section 5 of the Administrative Tribunals Act, 1985

Practical Applications​

Administrative discretion is applied in various areas of public policy:

  • Environmental regulations
  • Tax exemptions
  • Granting licenses and permits

Challenges and Controversies​

The exercise of administrative discretion often faces challenges due to:

  • Political interference
  • Lack of clear guidelines
  • Potential for bias

Conclusion​

Understanding administrative discretion is vital for law students and future lawyers. It requires balancing the need for flexibility in governance with the protection of individual rights and the rule of law. As the legal landscape continues to evolve, staying informed about recent case studies and legislative changes remains crucial.

Further Reading​

For those interested in exploring this topic further, we recommend:

  • "Administrative Law" by M.P. Jain
  • "Indian Public Administration" by Subhash C. Kashyap

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