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The Administrative Law has increased rapidly over the last six decades since its inception in Independent India. After India became free from British rule, India has been witnessing a huge jump in the number of administrative and operational jobs to be effective. The legislature and the chief executive have been pillars that have been enacted by the Constitution and for the good of the nation both must work together.
This is clear from the fact that Parliament cannot legislate on all aspects of something and only authorizes authorities to use the same. In some cases, it is necessary to leave some gaps in the rules and allow the same to be filled as per the discretion of the senior authorities following the case.
The executive body uses this discretion to exercise the authority conferred on it by law. By using common sense, it means that there are certain ways in which the boss can choose to take a position. This gives great power to choose the course of action and the aroma of the power of argument given in this case. However, the law has set a check as to whether such discretionary powers are subordinate in the sense that the authority should exercise jurisdiction in accordance with the provisions of the statute. It can use common sense but only to fill the spirit of the statute you create.
Now, the power of discretion in the exercise is vested in the administrative authorities. This ensures that they have sufficient independence and freedom to carry out their duties. Use of this watch can be broken in two ways by the authorities: first, the administrative authority may fail to exercise the authority delegated to it. Second, authorities may use this method of misconception that, for the wrong purposes, they choose or are under the influence of another body. The latter cases are similar to the abuse of administrative discretion and will be the focus of this work.
I will look at the various reasons why the courts have used the misuse of administrative discretion. The project will also explain the origin of the management of abuse of administrative discretion in India derived from English case law. I will look at the myriad of Supreme Court rules that have outlined various actions that are equivalent to 'torture' such as mala falsity, misguided intentions, misguided thinking, the use of corrupt forces and recklessness among others. Finally, I will look at the tools developed by the courts to look at the understanding given to management.
In present scenario too , when the whole nation is facing such pandemic situation some police authorities in the District of Agra are voilating the power of administrative discretion by making unreasonable actions that is beating innocent people arbitrarily .
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