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Indian Law: Failure to Exercise Discretion

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.

Administrative Law: How to Understand the Locus Standi Principle?

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."