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Abuse Of Administrative Discretion While Allotting Captive Coal Mines In Coalgate Scam

Devamshu Behl, O.P Jindal Global University


Discretion is the power to decide or act according to one’s judgement when there are multiple options available1 and often due to either the emergency situations or due to the impact of the contemporary philosophy of ‘welfare State' as ours ,where the social contract2 is between the citizens and state is such that latter has to protects and promotes the economic and social well-being of the of the former, , a phenomenon generally discernible where a large amount of discretion is vested in the hands of the administrative authorities.3 Now being a welfare state the administrative authorities should act for the interest of the citizens however as it was seen in the case of Coalgate Scam, this discretion isn’t always used to meet the right ends.

Coalgate Scam was a major political scam which was concerned with the UPA Governments allocation of our nations coal reserve deposits to various private companies and public sector undertakings in a susceptible manner. In the draft report of Comptroller and Auditor General of India, government was accused of allocating the coal blocks in inefficient manner which costed out government approximately 1,856 billion rupees. There was a loss of this quantum as rather than doing transparent and fair bidding of the coal blocks, they were given on recommendation and hence the Private and Public companies paid much less than what they would have if there was competitive bidding.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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