Statutory Discretion refers to the power or liberty granted by a statute to a public authority (such as a minister, a government official, or a judge) to choose between two or more courses of action.
Instead of being bound by a rigid "must do X" rule, the official is given the flexibility to decide "whether" to act or "how" to act based on their professional judgment and the specific facts of the case.
Language of Discretion
Mandatory (No Discretion): Words like "shall," "must," or "is required to."
Discretionary: Words like "may," "it shall be lawful," or "if the authority is satisfied."Decided Case Reference
Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948):
This is the most famous case on statutory discretion. The court held that it could only interfere with a discretionary decision if it was "so unreasonable that no reasonable authority could ever have come to it." This is now known as the "Wednesbury Principle."
Ranjit Thakur v. Union of India (1987):
The Indian Supreme Court held that the exercise of discretion must not be "disproportionate." If the punishment given under a discretionary power is so harsh that it "shocks the conscience" of the court, it can be struck down.
Reasons for having Statutory Discretion
Complexity: The legislature cannot predict every single scenario that might happen in the future.
Individualized Justice: It allows officials to be merciful or firm depending on the unique circumstances of a person's case.
Expertise: It respects the specialized knowledge of administrative bodies (like environmental agencies or tax boards).
No comments:
Post a Comment