Critical Analysis Of The Abuse Of Administrative Discretion: Examining Irrelevant, Mixed, And Leaving Relevant Considerations
- IJLLR Journal
- 2 hours ago
- 1 min read
Arav Singhvi, Ayush Agrawal & Vishal Patidar, National Law Institute University, Bhopal
ABSTRACT
This research paper provides a critical examination of the questio diabolica in administrative law: the delicate balance between necessary administrative flexibility and the prevention of the arbitrary exercise of power. As modern governance increasingly relies on delegated authority, administrative discretion has become unavoidable for efficient functioning. However, this study argues that such power must be anchored in the principles of reason, fairness, and justice rather than personal caprice. The core of this analysis focuses on the grounds for judicial review when discretion is abused, specifically through the lenses of irrelevant considerations, mixed considerations, and the omission of relevant factors.
The paper categorizes administrative abuse into several doctrinal forms, including mala fides, improper purpose, and the colourable exercise of power. Through an extensive review of Indian jurisprudence, the research demonstrates how courts quash actions where authorities rely on extraneous factors or ignore mandatory statutory criteria. A significant portion of the study is dedicated to the complex mixed considerations doctrine, distinguishing between orders based on subjective satisfaction, which are often invalidated if even one ground is irrelevant, and those based on objective facts, which may be upheld if the remaining valid grounds are sufficiently strong. Ultimately, the paper advocates for systemic reforms, including the institutionalization of reasoned decisions, regular administrative training, and the creation of independent review bodies to ensure that discretionary power remains a servant of the rule of law rather than a tool for individual whim.
Keywords: Administrative Discretion; Judicial Review; Ultra Vires; Irrelevant Considerations; Subjective Satisfaction; Rule of Law; Mala Fides; Proportionality; Indian Administrative Law
