Administrative Discretion & Limitation on Administrative Discretion By Article 14 & 16 of the Indian Constitution

20 Pages Posted: 3 Sep 2009

Date Written: September 1, 2009

Abstract

Administrative actions are either ministerial or discretionary. A ministerial function is one where the authority has a duty to do a particular thing in a particular way. Such actions are however exceptional. In most administrative actions, the administrative authority has the power either to act or not to act in one way or the other. This power to act or not to act in one way or other is called Discretionary power. ‘Discretion’ is the power to decide or act according to one’s judgment. The problems of Administrative discretion are complex. It is true that in any intensive form of government, the government cannot function without the exercise of some discretion by the officials. But it is equally true that absolute discretion is ruthless master. It is more destructive of freedom than any of man’s invention . It could be inferred that the use of discretionary power of the administrative authorities is very important for the fulfillment of their functions but the exercise of this discretionary power should not be unguided and uncontrolled. It has to be limited by certain methods so that they do not become unguided and in turn violate the actions of the administrative authority.

Keywords: administrative law, administrative discretion, limitation, Article 14 & 19

Suggested Citation

Khare, Shubham Manoj, Administrative Discretion & Limitation on Administrative Discretion By Article 14 & 16 of the Indian Constitution (September 1, 2009). Available at SSRN: https://ssrn.com/abstract=1465519 or http://dx.doi.org/10.2139/ssrn.1465519

Shubham Manoj Khare (Contact Author)

affiliation not provided to SSRN ( email )

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