(a) Ultra vires the law
(b) Mala fide intent
(c) Arbitrariness
(d) Irrelevant considerations
Code :
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.
Important Questions from Administrative Law
- Match the LIST-I with LIST-II
LIST-I Jurists LIST-II Definition of Administrative Law A. Wade I. Administrative Law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities. B. Garner II. Main object of administrative law is the operation and control of administrative authorities. C. Griffith & Street III. Rules recognized by the courts as law and which relate to and regulate the administration of government. D. Ivor Jennings IV. Law relating to the control of government power.
Choose the correct answer from the options given below: - United States Ombudsman Association was founded in which year?
- Which of the following statements are correct regarding the Doctrine of Legitimate Expectations?
A. The doctrine has an important place in the development of law of judicial review.
B. Doctrine is well established and operated in the domain of public law.
C. Doctrine has been developed both in the context of reasonableness and natural justice.
D. The concept of legitimate expectation made its first appearance in the case of Union of India v/s Hindustan Development Corpn.
Choose the correct answer from the options given below: - Match the LIST-I with LIST-II
LIST-I Principles of Natural Justice LIST-II Case laws A. Pecuniary Bias I. Gullapalli Nageswara Rao v/s A.P. SRTC B. Personal Bias II. Dimes v/s Grand Junction Canal C. Official Bias III. Mineral Development Ltd. v/s State of Bihar D. Judicial Obstinacy IV. State of W.B v/s Shivananda Pathak
Choose the correct answer from the options given below: - What is the US equivalent legislation of the Indian Right to Information Act, 2005?
