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Question

Which of the following is a ground for judicially attacking the exercise of administrative discretion ? Answer by using code below :
(a) Ultra vires the law
(b) Mala fide intent
(c) Arbitrariness
(d) Irrelevant considerations
Code :

The correct answer is
(a), (b), (c) and (d) are correct

Grounds for Judicial Attack on Administrative Discretion

Judicial review allows courts to examine the legality of administrative actions. The exercise of administrative discretion can be challenged in court on several specific grounds. The question asks to identify these grounds.

Analysis of Grounds

  • Ultra Vires the Law: This means the administrative body acted beyond its legal powers granted by the statute. Such actions are invalid and can be attacked judicially.
  • Mala Fide Intent: If an administrative decision is made in bad faith, with malice, or for a collateral purpose, it can be challenged. This involves proving dishonest intent.
  • Arbitrariness: Administrative decisions must be rational and based on reason, not caprice. An arbitrary decision is one made without regard to facts or law, or on wholly unreasonable grounds. This is a key ground for challenge.
  • Irrelevant Considerations: When making a decision, an administrative body must consider relevant factors and ignore irrelevant ones. Failing to do so renders the decision vulnerable to judicial review.

Conclusion on Grounds

All the listed items – ultra vires, mala fide intent, arbitrariness, and irrelevant considerations – are well-established grounds upon which the exercise of administrative discretion can be judicially attacked.

Final Answer Determination

Since all options (a), (b), (c), and (d) are valid grounds for judicial review of administrative discretion, the correct choice encompasses all of them.

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Important Questions from Administrative Law

  1. Which of the following are the characteristics of Weber's bureaucracy ?
    1. Selection on the basis of professional qualifications
    2. Appointment on contract basis
    3. Staff members personally free
    4. Officials free to leave the post
    Select the correct answer from the codes given below :
  2. Which one of the following statements about the disadvantages of territorial principle of administrative organization is wrong ?
  3. Which one of the following was not a substitute of Merit System found earlier ?
  4. In UK, merit-based recruitment was adopted on the recommendation of which report ?
  5. Regarding the liability of holders of public office, when an official fails to perform a legal duty, it is known as
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