Courts through issuing different writs playing a vital role in the judicial control of administrative actions in India. It means that power must be exercised taking into account the considerations mentioned in the statute. And, the court will interfere with the order where it has not been passed under reasonable belief. Suggestions Since discretion amounts to misuse, procedures for preventive detention should be tightened and not the removal of power of detaining authority. Case — Ram Manohar Lohia v. Judicial review of preventive detention The question of exercising the power of judicial review incase f preventive detention was raised by Mr. Unless detailed reasons are given from which it can be inferred that the authority took action after ignoring material considerations it is hard to have the action quashed on this basis.
The court does not infer the requirement of reasonableness from a statute by implication. In India, the civil service code enjoins upon the public servants to declare their assets and swear allegiance to the values of the Constitution. It was held that since the authority did not consider vital facts relevant to the detention of the petitioner the detention order was bad. Kesey studied at Stanford University on a scholarship for creative writing. It is said that the decision of the Minister is administrative and not judicial. It is a well settled rule of administrative law that an executive authority must be rigorously held to the standards by which, it processes its actions to be judged.
If the authority concerned plays attention to, or takes into account wholly irrelevant or extraneous circumstances, events or matters then the administrative action is ultra vires and will be quashed. The minister in exercise of his unfettered discretion refused to direct the complaint. Every person who has been arrested would be produced before the nearest magistrate within 24 hours. If the preventive detention law specifies many grounds for detention, then the order must specify the grounds on which detention has been ordered. Council of Europe, European Convention on Human Rights, European Court of Human Rights 819 Words 3 Pages have democratic forms of government. It is the solemn duty of the judiciary under the Constitution to keep different organs of the State within the limits of the power conferred upon them by the Constitution by exercising power of judicial review as sentinel on the quo vive. The government when it acts in the matter of granting largesse it cannot act arbitrarily.
The minister in exercise of his unfettered discretion refused to direct the complaint. The reason is that delegated legislation being a power to make an order of general applicability presents less chance of administrative arbitrariness than administrative discretion which applies from case to case. This role of judiciary which it has incrementally expanded under the doctrine of judicial activism during last fifty years has restricted the discretion and arbitrariness of the executive and administrative agencies. Thus where the authority abdicates its power e. I also noticed you talked about modern day administrative discretion, I think this page could also benefit from having how it was implemented prior to modern day, besides just the history of it. The content of this article is intended to provide a general guide to the subject matter.
This act expired in 1969, and before it expired, it was amended for 7 times, each expansion was to make it valid for 3 more years and this it was extended till 31 December 1969. The appellant contended that the government did not apply its mind to her service record and the order was based on extraneous circumstances. If it appears that what the Government is satisfied about is not a public but a private purpose or no purpose at all action on the Government would be colourable as not being relatable to the power conferred upon it by the Act and its declaration will be a nullity. Thus where an administrative order is issued on formal grounds or considerations which are irrelevant, it will quashed. The writs were issued by the crown and in the interest of the crown but with the passage of time it became available for ordinary citizens also.
To analyse the grounds where administration discretion can be challenged. Thus, it cannot merely be considered as an individual's right to move the Supreme Court but it is also the duty and responsibility of the Supreme Court to protect the fundamental rights. The role of writs is also sensibly laid down in a famous Padfield's case: In England in earlier days the Courts usually refused to interfere where the Government or the concerned officer passed what was called a non-speaking order, that is, an order which on the face of it did not specify the reasons for the orders. Courts have emphasised that even the power to the President or the Government to grant pardon and to suspend remit or commute sentences or power of the Chief Minister to allot government plots or houses from discretionary quota or to make nominations to medical or engineering colleges must conform to this: norm. In the case of State of Bihar v. Judicial review of criminal cases is heard in a Divisional Court with 2 or more judges. This notion of popular accountability of administration in an indirect democracy is often conceived as participation of civil society in the working of public administration.
The Express Newspapers then constructed its building. The producers near the area of London complained that though they were in proximity of the London market, yet the price paid did not reflect the higher value of their milk, and requested the minister to refer the matter to the Statutory Committee for Complaints. Judicial review is important for democracy, but on the other hand, some feel as though judicial review is undemocratic. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The term, thus, indicates that such discretion is not absolute or unqualified. A criminal case filed against him was dropped and the mentioned preventive detention was passed in its place. State of Bihar and Ors.
Administration is the meeting point of three types of government functions. Mandamus Mandamus is a judicial remedy which is in the form of an order from a superior court to any Government agency, court or public authority to do or forbear from doing any specific act which that body is obliged to do under the law. The judicial pronouncements do not depict a uniform approach on this point. It must avoid making any ad hoc decision without the foundation of a juristic principle, particularly, when the decision appears to break new grounds. Most of the principles which apply to control administrative discretion, and are being discussed here, apply mutatis mutandis to the exercise of discretion by tribunals or other quasi-judicial bodies. Madison,the Supreme Court made it clear that it had the power of judicial review. Even when, exercise of power is bad, the court in its discretion decline to grant relief considering the facts and circumstances of the case.
Judicial behaviour and administrative discretion in India Though courts in India have developed a few effective parameters for the proper exercise of discretion, the conspectus of judicial behaviour still remains halting, variegated and residual, and lacks the activism of the American courts. . All things considered, there are numerous concerns with respect to the historical backdrop of task. Administrative Procedure Act of 1946 was created to govern the internal procedures of administrative agencies and how interact with the public. The appellant contended that the government did not apply its mind to her service record and the order was based on extraneous circumstances. The Court held that entries of only last ten years were relevant for compulsory retirement. In case the statute does not prescribe any considerations but confers power in a general way, the court may still imply some relevant considerations for the exercise of the power and quash an order because the concerned authority did not take these into account.