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reasoned decision

English · Constitutional and administrative

Meaning. A decision that states the reasons on which it rests; also called a speaking order.

A quasi-judicial or administrative authority that decides rights must record reasons. Reasons show that the authority applied its mind, allow the affected person to know why he lost, and make judicial review and appeal possible. The Supreme Court in S.N. Mukherjee treated the duty to give reasons as part of natural justice, unless a statute expressly or by necessary implication excludes it.

Reasons need not be long, but they must be real and intelligible; a bare conclusion (“the explanation is not satisfactory”) is not enough. An appellate authority that confirms an order need not repeat reasons at length, but it must show it considered the grounds of appeal. Reasons cannot be supplied later by an affidavit in court.

Example

The dismissal order merely said the charges were proved, so it was quashed for want of a reasoned decision.

In Indian law

See also

natural justice · audi alteram partem · judicial review

Read more in the study notes

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