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Judicial control of Administrative discretion
Administrative systems that employ discretion are designed with the agencies, not courts, having the primary decision making responsibility. As a result, the judicial attitude when reviewing an exercise of discretion must be one of restrain, often extreme restrain.
Further, all types of discretion are characterized by some sense that the agency needs a degree of freedom to make mistakes. Indeed one of their major distinguishing characteristis is the degree of freedom embodied in each form of discretion.
Of the five types of discretion, only three forms - individualizing, executing and policymaking discretion, are reviewable in the traditional sense. That is, in only these three types of discretion are the core discretionary decisions are reviewable.
Related Cases / Recent Cases / Case Laws
- State of Punjab and Others etc v Rafiq Masih (White Washer) etc, Civil Appeal Jurisdiction, Civil Appeal No 10620 OF 2013, Supreme Court of India judgement dated December 18, 2014