JUDICIAL CONTROL OVER ADMINISTRATIVE DISCRETION IN PREVENTIVE DETENTION
Judicial control over administrative discretion in the case of preventive detention.
SCOPE
The scope of the project relates to analysing the role of judicial control over administrative discretion in the case of preventive detention.
OBJECTIVES & AIMS
To find out the reason for conferment of discretionary power on administrative authorities.
To analyse the grounds where administration discretion can be challenged.
To analyse the system of preventive detention in India.
HYPOTHESIS
Judiciary review on exercise of discretion in the case of preventive detention
CHAPTER -I
INTRODUCTION
Administrative has to function according to the law and the constitution. It is a fundamental duty laid down against every administrative action that it should not violate the fundamental rights guaranteed by the constitution. For this purpose, the judiciary has an important role to play in protecting the citizen against the arbitrary exercise of administrative action. In India, the judiciary has been given an apex place. However, it is a general rule that court should not interfere with the administrative functions and actions taken by administrative authorities in exercise of discretionary powers. It means that judiciary has no direct control over the administrative actions. Judiciary can act only when their intervention is sought. Infact judicial intervention is restrictive in nature and limited in its scope. Irrespective of this defect, the Supreme Court and high court have been intervening in the administrative actions by way of public interest litigation. Even sometimes, when the situation demands Supreme Court and high courts have authority to take up cases suo moto (on its own motion).
CHAPTER-II
CONCEPTUAL ANALYSIS
1.1 DISCRETIONARY POWERS
1.1.1 Judicial control of administrative discretion Discretion means to act according to desire or choose from given options. Administrative discretion means choosing
SCOPE
The scope of the project relates to analysing the role of judicial control over administrative discretion in the case of preventive detention.
OBJECTIVES & AIMS
To find out the reason for conferment of discretionary power on administrative authorities.
To analyse the grounds where administration discretion can be challenged.
To analyse the system of preventive detention in India.
HYPOTHESIS
Judiciary review on exercise of discretion in the case of preventive detention
CHAPTER -I
INTRODUCTION
Administrative has to function according to the law and the constitution. It is a fundamental duty laid down against every administrative action that it should not violate the fundamental rights guaranteed by the constitution. For this purpose, the judiciary has an important role to play in protecting the citizen against the arbitrary exercise of administrative action. In India, the judiciary has been given an apex place. However, it is a general rule that court should not interfere with the administrative functions and actions taken by administrative authorities in exercise of discretionary powers. It means that judiciary has no direct control over the administrative actions. Judiciary can act only when their intervention is sought. Infact judicial intervention is restrictive in nature and limited in its scope. Irrespective of this defect, the Supreme Court and high court have been intervening in the administrative actions by way of public interest litigation. Even sometimes, when the situation demands Supreme Court and high courts have authority to take up cases suo moto (on its own motion).
CHAPTER-II
CONCEPTUAL ANALYSIS
1.1 DISCRETIONARY POWERS
1.1.1 Judicial control of administrative discretion Discretion means to act according to desire or choose from given options. Administrative discretion means choosing
Bibliography: EDITION NO. 2007 Treatise on administrative law M.P.Jain, 1996 edition, vol.1 Wadhwa and Nagpur.