What is abuse of discretionary power? (b) That the authority has not exercised its discretion properly– “abuse of discretion”. – This is an all-embracing formulation developed by courts in India to control the exercise of
What is abuse of discretionary power?
(b) That the authority has not exercised its discretion properly– “abuse of discretion”. – This is an all-embracing formulation developed by courts in India to control the exercise of discretion by the administrative authority.
What do you mean by discretionary power?
(often in the plural: discretionary powers) a power that a person can use if that person thinks that it is suitable given the situation and circumstances. “The Administrator shall have the discretionary power to determine all questions arising in connection with the administration of the Plan.”
What exactly is abuse of discretion?
Legal Definition of abuse of discretion : an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case — compare clearly erroneous.
What is the standard for abuse of discretion?
“Abuse of discretion” Standard Any decision that involves the judge using his or her discretion (such as whether to admit certain evidence in the trial) comes under this standard. Abuse of discretion occurs when the trial court judge makes a ruling that is arbitrary or absurd.
Why is administrative discretion needed?
It is necessary for individualization of the administrative power. Any intensive form of government cannot function without the exercise of some discretion by the officials. But absolute discretion is a ruthless master. Discretionary power by itself is not pure evil but gives much room for misuse.
How do you prove abuse of discretion?
Some common examples of abuse of discretion are:
- Not allowing a certain witness to testify.
- Showing bias toward the accused.
- Making flawed rulings on evidence that stifle one side’s rights.
- Influencing the jury to reach a certain verdict.
- Sentences that are far too harsh for the offense.
Who exercises discretionary powers?
Judicial Discretion is one of the important powers of the judiciary where the judges can take decisions in some matter without following any fixed rule or established law.
Is pardoning power of president is discretionary power?
The President of the USA has the constitutional right to pardon or commute sentences related to federal crimes. Clemency is a broad executive power, and is discretionary which means the President is not answerable for his pardons, and does not have to provide a reason for issuing one.
What does it mean to exercise discretion?
Administrative decisions often include the exercise of discretion. Discretion exists when the decision maker has the power to make a choice about whether to act or not act, to approve or not approve, or to approve with conditions.
What are exceptions to the rule of natural justice?
Exceptions to principles of natural justice: Statutory Exclusion: If it is especially mentioned in the provisions then this proinciple may not be followed. Emergency: When there is emergency, then chance of fair hearing may not be given but afterwards it must be followed when emergency is over.
When is the abuse of discretion standard used?
The abuse of discretion standard is used by appellate courts to review lower court decisions in both criminal law and civil law .
Which is an example of abuse of discretionary powers?
A striking example of abuse of discretionary powers exist in the selection of civil servants by officials who manage administrative bodies in the country, in terms not to be elected candidates who showed the best result of the examination and the lists prepared by the Agency administration.
How is the abuse of administrative discretion illegal?
The abuse of administrative discretion can be through 4 different ways as numbered below: It is unlawful to use a discretionary power to achieve a purpose other than that for which the power was conferred.
What should be the purpose of discretionary power?
Discretionary power must be used reasonably, impartially and avoiding oppression or unnecessary injury. Generally, administrative agencies are given broad discretion to exercise their administrative authority.