The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.

2.  The freedom to decide what should be done in a
particular situation.
 Justice Coke:
Discretion is science or understanding to discern
between falsity & truth, between right & wrong,
between shadows and substance, between equity &
colourable glasses & pretences, and not to do
according to their will and private affections.

3.  Ministerial Powers:
- Powers which are strictly required to be exercised according to law.
- no choice.
-the principles, criteria's and conditions applicable universally to all &
equally to all.
- no power to differ on the basis of facts & circumstances.
 Discretionary Powers:
- the administrative body apply the principles, criterions and conditions
on the basis of facts & circumstances .
- Satisfaction of authority is important.
- the authorities give different treatment to different cases.

4.  Legislature :
- legislate law on presumption.
-couldn’t foresee circumstances & exigencies in
future.
 Discretion is necessary:
- better & smooth functioning of administrative
body.
- to do justice with all people while law is
administered.

5.  Lord Acton:
- Every power tends to corrupt & absolute power tends to corrupt
absolutely.
 United States v. Wunderlick 342 US 98, 101 (1951)
Justice Douglas- Where discretion is always absolute, man has always
suffered……….. Administrative discretion is more destructive of freedom than
any of man’s other inventions.
 Dicey:
- Wherever there is discretion, there is room for arbitrariness and that in
a republic no less than u/a monarchy, discretionary authority on the part of the
govt. must mean insecurity for legal freedom on the part of its subject.

6.  Validity of Discretion:
1) Substantive Aspect
2) Procedural Aspect
 Article 14:
State of West Bengal v. Anwar Ali (AIR 1952 SC 75)
Chitralekha v. State of Mysore (AIR 1964 SC 1823)
 Article 19:
State v.Baboo Lal (AIR 1956 ALL 521)
Dr. Ram Manohar Lohia v. State of Delhi (AIR 1950 SC 211)

7. Failure to exercise
discretion
Excess/ abuse of
discretion
Violation of Fundamental
Rights
a) Sub-delegation
Oberoi Motors v. UT of
Chandigarh (AIR 1978 P
& H 294)
a) Exceeding jurisdiction
Hukumchand v. UoI
(1902 AC 165)
a) Article 14
b) Imposing limits on
discretion by self-imposed
rules of policy
b) Irrelevant consideration
Ram Manohar Lohia v. St of
Bihar (AIR 1976 SC 789)
Ajai Dixit v. St of UP (AIR
1985 SC 18)
b) Article 19
c) Acting under dictation c) Unreasonableness/
Irrationality
Maneka Gandhi v. UoI
c) Article 21
d) Non-application of mind d) Leaving out relevant
considerations
e) Colurable exercise of
power
f) Mixed consideration
St. of Orissa v.
Bidyabhushan
(AIR 1963 SC779)
g) Malfide h) Violation of Principles of