Administrative Discretion And Judicial Oversight: A Case Study Of Air India Vs. Nargesh Mirza
- IJLLR Journal
- 2 hours ago
- 1 min read
Pratyasha Chowdhury, Symbiosis Law School, Hyderabad
Tanisha Soni, Symbiosis Law School Hyderabad
INTRODUCTION
Administrative prudence is the elasticity required for public authorities to carry out public policies and regulations efficiently, given the framework of legislation. However, such prudence, in the absence of the adequate constitutional constraints, may result in some arbitrary and discriminatory practices contrary to fundamental rights. The tension between the administrative efficiency and constitutional compliance is the cornerstone of modern administrative law jurisprudence and administrative law requires careful judicial supervision to ensure that discretionary powers are exercised within the boundaries imposed by the Constitution.
The case of Air India v. Nargesh Mirza (1981) which provided a seminal example of this tension where there was a constitutional challenge to discriminatory employment regulations which imposed differential service conditions on male and female cabin crew members. The Supreme Court's judgment in this given case has stated some important precedents on the limits of administrative prudence , the operation of such principles of equality under “Articles 14, 15, and 16” of the Constitution, and the role of judiciary in safeguarding fundamental rights against excesses by the administrative authorities.
The given case study is not just a study of employment discrimination, but it is also a study of the most basic constitutional discriminatory issues concerning how administrative authorities are required to exercise their discretionary powers within the ambit of equality, reasonableness, and non-arbitrariness that the Constitution has set a base for . The sustained importance of the judgment lies in its base of principles concerning administrative discretion and its contribution to the unfolding jurisprudence on gender equality in public employment is of vital importance.
