Under what circumstances the decision exercised by administrative authorities are treated as abuse of discretion? Explain any four.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2019
Under what circumstances the decision exercised by administrative authorities are treated as abuse of discretion? Explain any four.

Answer & Explanation:

The decision exercised by administrative authorities are treated as abuse of discretion in the following circumstances: 1. Mala fides : If the discretionary power is exercised by the authority with bad faith or dishonest intention, the action is quashed by the court. Malafide exercise of discretionary power is always bad and taken as abuse of discretion. 2. Irrelevant considerations : If a statute confers power for one purpose, its use for a different purpose is not regarded as a valid exercise of power and is likely to be quashed by the courts. If the administrative authority takes into account factors, circumstances or events wholly irrelevant or extraneous to the purpose mentioned in the statute, then the administrative action is vitiated. 3. Leaving out relevant considerations : The administrative authority exercising the discretionary power is required to take into account all the relevant facts. If it leaves out relevant consideration, its action will be invalid. 4. Arbitrary orders : The order made should be based on facts and cogent reasoning and not on the whims and fancies of the adjudicatory authority. 5. Improper purpose : The discretionary power is required to be used for the purpose for which it has been given. If it is given for one purpose and used for another purpose it will amount to abuse of power. 6. Colourable exercise of power : Where the discretionary power is exercised by the authority on which it has been conferred ostensibly for the purpose for which it has been given but in reality for some other purpose, it is taken as colourable exercise of the discretionary power and it is declared invalid. 7. Non-compliance with procedural requirements and principles of natural justice : If the procedural requirement laid down in the statute is mandatory and it is not complied, the exercise of power will be bad. Whether the procedural requirement is mandatory or directory is decided by the court. Principles of natural justice are also required to be observed. 8. Exceeding jurisdiction : The authority is required to exercise the power within the limits or the statute. Consequently, if the authority exceeds this limit, its action will be held to be ultra vires and, therefore, void.

Topics: Administrative Law

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