Discretion in Administrative Law

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🔷 Meaning of Discretion

• Discretion means freedom to choose between different options or actions based on judgment and circumstances.

• In Administrative Law, discretion refers to the power given to government officials or authorities to make decisions as they think fit, within legal limits.

📌 Example:
A licensing officer may have the discretion to approve or reject an application based on public interest.

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🔷 Need for Administrative Discretion

In modern welfare states, the government performs many functions — like granting licenses, giving subsidies, issuing permits, and enforcing rules. It is not possible to write laws for every small detail. So, discretion is given to administrators to handle:

1. Complex, dynamic situations

2. Public welfare schemes

3. Emergencies and urgent matters

4. Individual-based decisions

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🔷 Constitutional Validity of Discretion

• Discretion is valid as long as it is reasonable, fair, and non-arbitrary.

• It should not violate Article 14 (Right to Equality), which forbids arbitrary or discriminatory actions.

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🔷 Types of Administrative Discretion

🔹 1. Statutory Discretion

• Given by statutes/laws.

• Example: Granting bail under CrPC by a magistrate.

🔹 2. Discretionary Powers in Rule-making

• Power to create rules or regulations under an Act.

• Example: Rules under the Environmental Protection Act, 1986.

🔹 3. Discretion in Administrative Actions

• Taken in specific cases based on circumstances.

• Example: Suspending a government employee during investigation.

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🔷 Judicial Control Over Discretion

The judiciary ensures that discretion is not misused. Courts interfere if:

• There is malafide intention (bad faith)

• The decision is irrational or unjust

• Authority exceeds its powers (ultra vires)

• There is violation of fundamental rights

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🔷 Misuse of Discretion

Discretion must be used to promote public interest, not personal or political gain.

❌ Common Misuses:

1. Malafide (bad intention)

   • Using power for personal revenge or favor.

2. Irrelevant considerations

   • Deciding based on things unrelated to law.

3. Non-application of mind

   • Taking decisions mechanically or blindly.

4. Acting under dictation

   • Not using one’s own judgment but following someone else’s orders.

5. Discrimination

   • Treating people unequally without a valid reason.

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🔷 Important Doctrines Related to Discretion

🔸 1. Doctrine of Reasonableness

• All discretionary actions must be reasonable, not arbitrary.

🔸 2. Doctrine of Proportionality

• Action must be proportionate to the situation.

🔸 3. Wednesbury Principle (UK Law)

• A decision is invalid if it is so unreasonable that no sensible person would have taken it.

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🔷 Leading Case Laws

📌 State of Punjab v. Gurdial Singh (1980)

• Land acquisition for personal benefit = misuse of discretion.

• Held: Public interest must be genuine, not an excuse.

📌 Maneka Gandhi v. Union of India (1978)

• Her passport was impounded without giving reasons.

• Held: Discretion must be guided, and reasons must be recorded.

• Introduced concept of fair procedure under Article 21.

📌 Ram Jawaya v. State of Punjab (1955)

• Explained executive power and its limits.

• Discretion is legal only when supported by law.

📌 Sundarjas Kanyalal Bhatija v. Collector (1989)

• High Court said discretion must be used judiciously and not arbitrarily.

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🔷 How to Control Abuse of Discretion?

1. Legislative Control

   • Parliament can frame clearer laws and impose limits on discretion.

2. Judicial Control

   • Courts check misuse through writs like Mandamus, Certiorari.

3. Administrative Guidelines

   • Government can issue detailed rules and manuals for officers.

4. Transparency and Accountability

   • Giving reasons for decisions increases fairness.

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🔷 Importance of Discretion

✅ Helps in dealing with dynamic, practical situations
✅ Gives flexibility in governance
✅ Supports public interest, welfare, and justice
✅ Must be used with care and accountability

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🔷 Conclusion

Discretion is an important tool for good governance, but it is also dangerous if misused. In a democracy, rule of law must be followed. Courts, legislature, and civil society must keep a check to ensure discretion is used for justice, not injustice.