Administrative Discretion & Judicial Control, Judicial Remedies against administrative Arbitrariness

The Mumbai Police Commissioner can grant or refuse permission for a procession. Nobody can write a rule that decides every such case in advance, so the law leaves a choice to the officer. But what stops that choice from being used to favour friends, punish critics or simply not applied at all? Discretion is unavoidable in modern government, and the law of judicial review is how courts keep it honest.

In two minutes

Administrative discretion is a power to choose between lawful options; courts do not substitute their own choice but will quash it for illegality, irrationality, procedural unfairness, abuse, non-exercise, disregard of legitimate expectation or disproportionate effect, using writs under Arts. 32 and 226.

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