DISCRETION& LAW
Book deals with judicial review of administrative discretion . It is well said “ Power corrupts and absolute power corrupts absolutely”. In a democratic system, the system of checks and balances works. Judiciary works as a check on administrative decisions. Discretion is not absolute but is limited by law. Wherever there is abuse or misuse of administrative discretion vested in administration, administrative bodies, Courts step in to come to the rescue of the aggrieved. The main purpose and role of the Courts is to remedy the mischief and to assure that discretionary justice is dispensed with in accordance with rule of law .
The book aimed at highlighting the administrative problems whether it relates to matters of promotion, disciplinary proceedings , transfers and payment of service benefits of the persons working in Govt. / quasi- Govt./ Undertakings. Book is based on case law and is of comparative nature. All the relevant decisions have been updated & added. Latest case law covering almost every branch of administrative action has been highlighted.
The book is divided into seventeen chapters & is of a comparative nature. All leading decisions of various countries have been incorporated. All conceptual aspects of discretion whether in defining, its kinds, its applications, its abuse and remedies have been highlighted. The book aimed at legal community is also of immense help to all facing abuse of the administrative power whether in licensing , police powers etc.
With the set up of administrative tribunals which are not only an alternative & efficacious remedy to the existing courts , the aggrieved has sensed a big relief in other ways also. Various Govt. departments have set up their own grievance cells in which complaint can be lodged. On-line facilities have worked wonders. With the click of the button , the grievance can be registered against ever increasing administrative bodies & effort is being made to amicable settlement of disputes. With the Right to Information Act having come into vogue, the administrative abuse have been checked to a great extent. Governmental functions have increased manifold. So is the need to have a check on administrative action.