Discretionary Powers of Administration: A Constitutional Approach on Judicial and Legislative Control

           By Rakshit Aggarwal, LL.M., Gujarat National Law University, Gandhinagar.

View Research Paper

Abstract

Discretionary power is not merely a medium of governance but also a well of despotism. A country like India, which is a welfare state, grants vast discretionary powers in the hands of the administration for effective governance. These administrative actions should be consistent with constitutional values in order to solve people's issues. The concept of administrative law plays a pivotal role here in maintaining a just, fair and reasonable constitutional framework to thwart abuse of power. It outlines the legislative and judicial instruments that will step in to restrict the excessive exercising of powers by administrative authorities. The judiciary uses its review weapon to limit the actions of the administration. On the other hand, the legislature also intervenes by preventing itself from delegating essential legislative powers to the executive. The main objective of this flexible separation of powers is to uphold the Rule of Law. This paper delves into the realm of discretionary decisions that require an alignment with reasonable constitutional mechanisms. This paper critically analyses the administrative framework, where administrative authorities have accountability in the execution of discretionary powers under judicial and legislative oversight. It will highlight the relationship between power and control under the umbrella of administrative law.

Keywords: Administration, Control, Discretionary Powers, Legislature, Rule Of Law, Judiciary.

---

NLR-VB-25119.pdf

Download PDF • 417KB