Administrative discretion and its control in india. Democratic Accountability and Control over Administration 2019-01-16

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Judicial Review in India

administrative discretion and its control in india

It must avoid making any ad hoc decision without the foundation of a juristic principle, particularly, when the decision appears to break new grounds. Legislature, Palace of Westminster, Parliament 3932 Words 10 Pages Q. The detention order was quashed because none of the facts were established on this ground. The Vivian Bose Enquiry Commission had found these managing agents guilty of gross misconduct during the year 1946-47 in relation to other companies. Created in the year 1922, the Public Accounts Committee has 22 members, 15 from the lower and 7 from the upper house on the basis of proportional representation every year. Running Head: Administrative Discretion 1 Administrative Discretion Joy M.

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Essay on Judicial Control of Administrative Action in India and Writs

administrative discretion and its control in india

Our personal predilections will unavoidably enter into the scale and give colour to our judgment. One of the reasons given by the ministry was that minister would be in a difficult political position. 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. State of West Bengal, the court held that the power of detention could not be used on simple solitary incident of theft of railway property and the proper course to prosecute the person was in a criminal court. Interference on this ground requires going into the relative importance of different factors and their balancing which amounts to substituting the discretion of the judiciary for that of the executive. Question 1: The thing I like most about what the group has done to the article so far, is that they have provided a very clear foundation for their topic.

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Administrative discretion

administrative discretion and its control in india

The purpose of these is to ensure that judges will render fair and impartial decisions without. The other courts which were established subsequently did not enjoy this power. It is founded partly on relevant and existent considerations and partly on irrelevant or non-existent considerations. These rights may be individual rights or they may ensure that the governmental system. It was abolished in 1978. Even in those administrative actions which are within its jurisdiction, the judiciary cannot by itself take cognizance of excesses on the part of officials.


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Democratic Accountability and Control over Administration

administrative discretion and its control in india

Benchmarking has been applied in the public sector to some degree. This entails that if administrate discretion is exercised arbitrarily or capriciously, the court would intervene. Scientific Management - Taylor and the Scientific management movement Classical Theory. . It was held that since the authority did not consider vital facts relevant to the detention of the petitioner the detention order was bad. The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution insofar as the High Courts are concerned. If the authority concerned takes in to account wholly irrelevant or extraneous circumstance, or matters then the administrative action is ultra-vires and will be Under the National Security Act 1980 originally preventive detention act 1950 a person could be detained on several grounds mentioned therein.

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Administrative discretion

administrative discretion and its control in india

Thus, judiciary cannot go into the merits of the case and look into whether the opinion of the authority was right or wrong. Another is that he is potential to commit a crime in future. He has referred that, It is the very soul of the Constitution and the very heart of it. Zamindar of Parlakimedi, was the first decision on the writ of Certiorari. Cardozo, The Nature of Judicial Process, Universal Law Publishing Co.

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Administrative discretion

administrative discretion and its control in india

To analyse the grounds where administration discretion can be challenged. All things considered, there are numerous concerns with respect to the historical backdrop of task. The Court thus held that on the facts and circumstances of the instant case the impugned notice was actuated with an ulterior and extraneous purpose and thus was wholly mala fide and politically motivated. Brady Handgun Violence Prevention Act, Firearm, Gun politics in the United States 1508 Words 5 Pages Delegated legislation - Judicial Review of delegated legislation Control by the courts by Judicial Review. State of Kerala 1966 : The petition challenged his detention order by the government on the ground of malafide exercise of discretion. Therefore, the power of judicial review arises from the constitutional configuration of courts.

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

administrative discretion and its control in india

The cases of exercise of discretionary power from improper purposes have increased in modern times because conferment of broad discretionary power has become usual tendency. The power of judicial review is an integral part of Indian Constitutional system and without it, there will be no government laws and the rule of law would become a teasing illusion and a promise of unreality. In case of delegated legislation, courts have after been satisfied with vague or broad statements of policy, but usually it has not been so in cases of application of fundamental rights to statutes conferring administrative discretion. The Minister for Parliamentary Affairs takes special interest in the implementation of assurances. The fact of the case was that by an agreement of lease the petitioner was allotted certain plots for construction of its press building by the Government of India.

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Administrative discretion

administrative discretion and its control in india

What is relevant is to assess whether the purpose in view is one sanctioned by the statute which confers power on the authority concerned. Courts do not normally exercise such wide powers to interfere in the exercise of the administrative discretion. Such exercise is not to be arbitrary, vague and fanciful, but legal and regular. There are also a few sentences that are grammatically incorrect under examples of administrative discretion in law. The determination of the considerations which are relevant, and those which are irrelevant, is a matter of inference from the general terms of the statute.

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Abuse of Administrative Discretion

administrative discretion and its control in india

Under Rule 70 1977 , it is provided that bill involving proposals for the delegation of legisĀ­lative power will be accompanied by a memorandum explaining such proposals and drawing attention to their scope and character. It examines the report which the Comptroller and Auditor-General submits every year to the President, who causes it to be laid before the Lok Sabha which in turn refers it to this committee. Quo Warranto writ is issued against the person of public who occupies the public seat without any qualification for the appointment. The reason is that there is presumption in favour of the administration that it always exercises its power bonafide and in good faith. I will then discuss the changes that Globalisation has brought about on the Indian Public Administration. This is also known as the principle of ultra vires.

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