administrative discretion

Administrative discretion is the freedom a statute gives an officer or body to decide what to do in a situation: to grant or refuse a licence, choose a site, fix a rate. There is no unfettered discretion in a system governed by the rule of law; every discretion must be used for the purpose for which it was given.

Courts control discretion at two stages. At the stage of conferment, a law giving uncanalised, unguided power may violate Article 14. At the stage of exercise, courts strike down action based on irrelevant considerations, improper purpose (mala fide), acting under dictation, fettering discretion by rigid policy, or Wednesbury unreasonableness. The court reviews the decision-making process, not the merits.

Example

The Commissioner refused the licence only because the applicant belonged to a rival party, an abuse of administrative discretion on an irrelevant consideration.

In Indian law

• Article 14, Constitution of India (arbitrariness and unguided power)

See also

judicial review · Wednesbury unreasonableness · mala fide · détournement de pouvoir

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Classification of administrative action (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)