Topic > Law: Excess or abuse of discretion in - 985

The law reached its best moments when it freed man from the unlimited discretion of some ruler.... Where discretion is absolute man has always suffered .-Justice Douglas “Discretion,” as Coca-Cola proclaims, is a science or understanding of discerning between falsehood and truth, between right and wrong, between shadows and substance, between fairness and colorable veils and claims, and not doing according to own will and private affections. Administrative authorities have acquired broad discretionary powers and, in general, the exercise of these powers is left to the subjective satisfaction of the administration without dictating statutory guidelines or imposing conditions. The administration administers the law enacted by the legislatures and, therefore, carries out executive functions; it also issues laws when legislative powers are delegated to it by the legislator and interprets the law also through administrative courts. Therefore, practically there is a concentration of all powers in the hands of the administration: legislative, executive and judicial. Need for administrative discretionThe need for discretion arises from the need to individualize the exercise of power by the administration, i.e. the administration must apply vague or indefinite legal provisions from case to case. There are at least four good reasons for attributing discretion to administrative authorities: The current problems that the administration is called upon to face are of a complex and varied nature and it is difficult to understand them all within the framework of general rules. Most of the problems ... half of the document... h authorities must be satisfied with the existence of the reasons mentioned in the statute. The courts are entitled to examine whether such grounds existed at the time the action was taken. A person aggrieved by such an action can question the legality of the satisfaction by showing that it was based on irrelevant reasons. Therefore, the existence of the circumstances is subject to judicial review. Ignoring relevant considerations An administrative authority cannot take into account irrelevant or extraneous considerations. Similarly, if the authority does not take into account the relevant considerations, then the exercise of power would also be bad. In the case of Sachidanand Pandey v. State of West Bengal, the Supreme Court held that “the proposition that a decision must be arrived at after taking into account all relevant considerations, avoiding all irrelevant considerations, cannot be doubted for a moment”..”