Abstract

The current legal strata of India have enabled the legislation and the government to exercise enough discretion that could very well result in misdeeds by persons who are empowered to hold a government office. At the same time, if there is absence of such delegation of power, it will not be feasible, for a country like India, to operate and conduct even minimal administrative tasks. So, where is the line drawn upon when it comes to dispersion of power in the administrative field of government work? Before that, it is significant that one understands the meaning of discretion of powers and how and so the government and similar regulatory bodies require such power to conclude operations that are important for a smooth functioning of the country and its government. The administrative discretion of power is a socially and legally accepted tool that implies that such distribution of power must be complied by the provisions of the constitution of India. Therefore, there should exist constitutional reasons and standings that support the discretion of powers. But, simultaneously, there is a need to establish a mechanism that can govern such discretion of governmental and administrative authorities since, even though such powers are created for the betterment of the country, its government and most importantly, its citizen, but such tools are given in the hand of Mankind. Therefore, a utopian state of applicability can never be achieved. This implies that the constitution must hold safeguards for the people who are affected by the actions of the administrative bodies. The present research paper analyses the discretion in administrative powers and also gives a special reference to the same in the case of Deepak Babaria Vs the State of Gujarat.

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