This is your one stop destination for Public Administration. Based on a work at http: The readership of this blog is swelling day by day. Accountability happens after the job is complete or when some work has been done whereas control is performed simultaneously as the work is being done,side by side.
Therefore, the power arises from the constitutional configuration of courts.
The courts in India have always held the view that judge-proof discretion is a negation of the rule of law. Therefore, they have developed various formulations to control the exercise of administrative discretion.
These formulations may be conveniently grouped into two broad generalizations i That the authority is deemed not to have exercised its discretion at all. Under this categorization the courts exercise judicial control over administrative discretion if the authority has either abdicated it power or has put fetters on its exercise or the jurisdictional facts are either non- extent or have been wrongly determined.
Cane Commissioner of Bihar In this case the Cane Commissioner who had the power to reserve sugarcane areas for the sugar factories, at the dictation of the Chief Minister excluded 99 villages from the area reserved by him in favour of the appellant company.
The Court quashed the exercise of discretion by the Cane Commissioner on the ground that he abdicated his power by exercising it at the dictation of some other authority; therefore, it was deemed that the authority had not exercised its discretion at all.
However, this does not mean that the administrative authority cannot frame broad policies for the exercise of its discretion. Sugarcane Regulation, Supply and Purchase Act, gave power to the administrative authority to exempt from payment of tax any new factory which has substantially expanded.
The government framed a policy granting exemption only to factories in the cooperative sector. The Supreme Court, negotiating the contention that the adoption of this policy has fettered the exercise of discretion, held that a body endowed with a statutory discretion may legitimately adopt general rules or principles of guide itself in the exercise of its discretion provided such rules are not arbitrary and not opposed to the aims and objectives of the Act.
The court further remarked that by adopting such scales the agency must not disable itself from exercising genuine discretion in individual cases.
Justice Mathew and Justice Bhagwati however, gave a dissenting opinion on the ground that the adoption of policy, as has been done in this case, predetermines the issue. This is an all embracing formulation development by the courts in India to control the exercise of discretion by the administrative authority.
Company Law Board This case shows a definite orientation in the judicial behaviour for an effective control of administrative discretion, in India. In this case the Company Law Board exercising its powers under Section of the Companies Act, ordered an investigation into the affairs of Barium Chemicals Ltd.
Under Section the Board is authorised to order investigation if in its opinion the business of the company is being conducted with intent to defraud its creditors or members etc.
However, the basis of the exercise of discretion for ordering investigation was that due to faulty planning the company incurred a loss, as a result of which the value of the shares had fallen and many examined persons had resigned from the Board of Directors.
The court quashed the order of the Board on the ground that the basis of the factors mentioned in Section for such exercise of discretion.
This case also stands for the proposition that mere executive declaration that there was material for forming an opinion will not save the exercise of discretion from judicial scrutiny. State of Kerala In this case the Kerala government issued a notification to prevent his consumption of coir in mechanised industry because the traditional sector was starving, causing unemployment.
The main ground of challenge was that there was no reasonable basis for the exercise of this discretion. The court observed i Whenever a public authority is invested with the power to make an order which prejudicially affects the rights of an individual, than whatever may be the nature of the power, whatever may be the procedure prescribed and whatever may be the nature of the authority the proceedings of the public authority must be regarded to questions?
The Courts can enquire whether a reasonable man could have come to the decision without misdirecting himself on law and fact.
The courts will find out whether conditions precedent to the forming of opinion has a factual base.(F) Reporting of Performance Measures in Juvenile Cases (1) Performance Measures initiativeblog.com trial courts exercising jurisdiction over Children in Need of Services (CHINS) and Termination of Parental Rights (TPR) cases shall compile and report on court performance measures for .
Administrative Discretion: The Next Stage Martin Shapiro Berkeley Law the issue of judicial control of discretionary agency action in the larger context of American political development.
Finally, it examines the vari- 's and 's to expand judicial control over agencies, much of the. Hennepin Probate / Mental Health Court Hennepin County District Court» Probate Court handles cases involving the property of deceased persons, wills, trusts, guardianships and conservatorships.
Mental Health Court handles civil commitment cases.
Although the starting point for legal analysis of administrative rule-making remains the presumption that discretion must be retained, as encapsulated in the no-fettering rule, the article argues that judicial attitudes have changed substantially over .
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THE NATURE OF THE JUDICIAL PROCESS. Lecture I. Introduction. The Method of Philosophy. THE work of deciding cases goes on every day in hundreds of courts throughout the land) Any judge, one might suppose, would find it easy to describe the process which he had followed a thousand times and initiativeblog.comg could be farther from the truth.
Let some intelligent layman ask him to explain: he will .