DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

ADMINISTRATIVE LAW

SYNOPSIS ON:

ANALYSIS OF ADMINISTRATIVE DISCRETION IN INDIA: WITH

SPECIAL REFERENCE TO ITS CONTROL MECHANISM

Submitted for the project undertaken in partial fulfilment of B.A. LL.B. (Hons.)VI Sem.

5 year integrated course at RMLNLU, Lucknow.

SUBMITTED TO: SUBMITTED BY :

MR. SHASHANK SHEKHAR AVANI JAIN

ASSISTANT PROFESSOR (LAW) B.A.LL.B. (A) VI SEM.

Dr. RMLNLU ENROLLMENT NO.- 140101045

INTRODUCTION

Discretion in laymans language means choosing from amongst the various available
alternatives without reference to any predetermined criterion, no matter how fanciful that
choice may be. But the term Discretion when qualified by the word administrative has
somewhat different overtones.

Discretion in this sense means choosing from amongst the various available alternatives
but with reference to the rules of reason and justice and not according to personal whims.
Such exercise is not to be arbitrary, vague and fanciful, but legal and regular.

The problem of administrative discretion is complex. It is true that in any intensive form of
government, the government cannot function without the exercise of some discretion by the
officials. But it is equally true that absolute discretion is a ruthless master. Discretionary
power by itself is not pure evil but gives much room for misuse. Therefore, remedy lies in
tightening the procedure and not in abolishing the power itself.

RESEARCH OBJECTIVE

1. To understand the meaning of Administrative Discretion.

2. To understand the mechanism of judicial control.
3. To understand the relation between Administrative discretion and Fundamental Rights.

TENTATIVE CHAPTERIZATION

1. Introduction
2. Judicial Behaviour and Administrative Discretion in India.
3. Administrative Discretion and Fundamental Rights
4. Provisions of Judicial Control over Administrative Acts
5. Abuse of Administrative Discretion
6. Grounds to challenge Administrative Discretion
7. Conclusion