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Administrative Discretion & Limitation on Administrative Discretion By Article 14 & 16 of the Indian Constitution

Authors: Shubham Manoj Khare;

Administrative Discretion & Limitation on Administrative Discretion By Article 14 & 16 of the Indian Constitution

Abstract

Administrative actions are either ministerial or discretionary. A ministerial function is one where the authority has a duty to do a particular thing in a particular way. Such actions are however exceptional. In most administrative actions, the administrative authority has the power either to act or not to act in one way or the other. This power to act or not to act in one way or other is called Discretionary power. ‘Discretion’ is the power to decide or act according to one’s judgment. The problems of Administrative discretion are complex. It is true that in any intensive form of government, the government cannot function without the exercise of some discretion by the officials. But it is equally true that absolute discretion is ruthless master. It is more destructive of freedom than any of man’s invention . It could be inferred that the use of discretionary power of the administrative authorities is very important for the fulfillment of their functions but the exercise of this discretionary power should not be unguided and uncontrolled. It has to be limited by certain methods so that they do not become unguided and in turn violate the actions of the administrative authority.

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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Average
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