In life, we exercise discretion about making decisions on things that are within our span of control. We take it for granted that we have the discretion to do something that can change or affect the quality of a product or service. It is not too different under Indian law either. Under the provisions of Indian law on administration, some administrative authorities are conferred with discretionary powers. The purpose of bestowing such powers is that an authority must exercise the powers on its own. Inability to exercise such powers, in a proper manner, amounts to failure to exercise discretion at the right time. Failure to exercise such powers may result against the public interests.
Discretion means the power to decide or act according to one’s judgment. Indian law grants some discretionary powers to administrative authorities. Indian law, as it exists now, lays down broad limits within which an administrative authority is expected to function.
Under the Constitution of India, the Governor has several powers equivalent to that of the President. The difference lies in the fact that the Governor does not enjoy diplomatic, military or emergency powers. The powers vested in the Governor can be divided into four categories: executive, financial, legislature, and judicial. This article throws some light on the executive powers of the Governor.
A hearing in a court can be explained as legal proceedings before a court. A hearing often comprises lawful arguments based on evidence gathered by lawyers in support of their respective motions.
Disclosure of evidence is a fundamental principle of natural justice. As per this principle, it is the right of the affected parties to obtain access to the evidence, information or documents retained by public authorities, so that they can give an explanation or rebut the crime evidence as to influence the outcome and verdict of the case in their favour.
Locus Standi is a Latin term, which means legal standing before a court. Locus standi can be explained as the legal right of a person to initiate legal proceedings in the Court. Australian jurist Leslie Stein defined locus standi as, “the existence of a right of an individual or group of individuals to have a court enter upon an adjudication of an issue before that court by proceedings instigated by the individual or group."
The meaning of the term Quo Warranto is ‘by what authority’. The writ of quo warranto may be issued against a person holding a public office or governmental privilege. The issue of summon is followed by legal proceedings, during which an individual's right to hold an office or governmental privilege is challenged.
A registered trade union, under the Indian Trade Union Act, is entitled to various benefits, privileges, protections, immunities and exclusive rights, compared to unregistered trade unions.
A trade union can be made permanent and stable only if it is registered under the Trade Union Act. A registered trade union enjoys various privileges, benefits and immunities, and therefore, most sponsors of a trade union are tempted to register it. After registration, a trade union is entitled to represent its members.
The principles of natural justice form a significant base of the administrative law. As defined by Lord Widgery, “the principles of natural justice were those fundamental rules, the breach of which will prevent justice from being seen to be done.”