What is discretionary power?

The term "discretionary power" means a power which leaves an administrative authority some degree of latitude as regards the decision to be taken, enabling it to choose from among several legally admissible decisions the one which it finds to be the most appropriate.

What does discretionary power mean?

Professor Harold Laski has defined discretionary power as that authority of the executive « whether in matters of sub- stance or of procedure or both, which it is free to exercise as it thinks fit ». *1 Legally, it is the power to exercise a discre- ' tion with which the courts cannot interfere.

What are the discretionary powers of a government?

Discretionary Power is defined as that authority of the executive, whether in matters of substance or of procedure or both, which it is free to exercise as it thinks fit. Legally, it is the power to exercise a discretion with which the courts cannot interfere.

What discretionary means in law?

Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.

What is a discretionary meaning?

Definition of discretionary

1 : left to individual choice or judgment : exercised at one's own discretion discretionary powers. 2 : available for discretionary use discretionary income.

What is Discretionary Authority?

Who has discretionary power?

Introduction. 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. The concept of discretionary power is an instance which shows the independence of our judiciary.

What are discretionary powers of president?

Veto powers exercised by the President: A bill cannot become an act of the Indian Parliament until it receives the assent of the President of India. The president is at his discretion to give his assent, or withhold his assent or return the Bill to the House for reconsideration (except in case of a money bill).

What is discretion example?

Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is the ability of a juror to determine a verdict. An example of discretion is not talking about politics at family dinners.

What is government discretion?

An agency's ability to decide whether or not to take certain courses of action when implementing existing laws.

What is discretionary decision?

Discretionary decision means a decision on whether to waive a plan review, an inspection or a provision of the state building code; or to allow an alternative material, design or method of construction. Sample 1.

Why is discretionary power important?

Discretion is an important mechanism for exercising power within the public sector on account of fundamental changes in society. The demands that are being made on the state means that discretion, rather than rules may be better mechanism for exercising power.

Why do we have discretionary powers?

A discretionary power can be given to a certain state authority solely on legal grounds that precisely determines the framework of this authorization. The state authorities through this kind of specific alternative behavior have an opportunity to rule out the public authority in one way or the other.

What is difference between discretionary power and arbitrary power?

Answer. is that arbitrary is (usually|of a decision) based on individual discretion or judgment; not based on any objective distinction, perhaps even made at random while discretionary is available at one's discretion; able to be used as one chooses; left to or regulated by one's own discretion or judgment.

Who enjoys the discretionary power?

Discretionary powers to be carried out according to the discretion of the governor. the governors of India have similar powers and functions of the state level as those of the president of India at central level.

What is meant by discretionary powers under administrative law?

- Discretionary power is the right of a person to choose any of the possible. courses of action where it can be reasonably believed that there are more than. one possible courses of action. - Wide or broad power given to the administration to make decisions according to its. own opinion.

What is meant by discretionary power in administrative law?

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.

What are discretionary powers UK?

A discretionary power must in general, shall be exercised by the authority to whom it has been committed. It is a well known principle of law that when a power has been confided to a person, he must exercise the power personally unless he has been expressly empowered to delegate it to another.

What is abuse of discretionary power?

The abuse of discretion must be grave, which means either that the judicial or quasi-judicial power was exercised in an arbitrary or despotic manner by reason of passion or personal hostility, or that the respondent judge, tribunal or board evaded a positive duty, or virtually refused to perform the duty enjoined or to ...

What are the discretionary powers of president of India?

How do you use discretionary?

What is the role of discretion?

Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense.

What does full discretion mean?

Full discretion means a power to distribute principal to or for the benefit of one or more of the beneficiaries of a trust that is not a trust with limited discretion.

Is ordinance a discretionary power?

Under Article 213 of the Indian Constitution, Governor has the power to promulgate an ordinance on any matter of utmost importance. The ordinance has the same effect as a legislature of the state. However, the ordinance-making power of the Governor is not discretionary.

Is ordinance a discretionary power of President?

Indian President is one of the rarest ones among the world leaders to have the power of making ordinances. The power of ordinance promulgation cannot be considered a substitute for the President's legislative power. President's power to roll out ordinance is justiciable in case intentions are proved mala fide.

When can a President use his discretion in appointing the PM?

When can a President use his discretion in appointing the Prime Minister ? (a) When no political oarty enjoys a clear majority in the Lok Sabha.