MNLU MUMBAI GUEST LECTURE SERIES GREETINGS NAMASKAR Prof

MNLU MUMBAI GUEST LECTURE SERIES GREETINGS & NAMASKAR Prof. (Dr. ) M K BHANDARI Ex. Director-Law, NMIMS-Mumbai Email: profmkb. law@gmail. com

Meaning of Discretion – Choosing from amongst various available alternatives but with reference to the rules of reason and justice and not according to personal whims. [Such Exercise is not to be arbitrary, vague and fanciful, but legal and regular – Sharp v. Wakefield, 1891 AC 173]

J. Jayalalitha v. State of Karnataka (2014) 2 SCC 401 • Standard and Principles of Governance and exercise of discretion power – Explained.

Judicial Control – Two stages • At the stage of delegation of discretion • At the stage of exercise of discretion • Touch stone will be: • Constitution • Law conforming discretionary powers

Article 14 – Notable cases • State of W. B. v. Anwar Ali Sarkar – AIR 1952 SC 75 (W. B Special Courts Act 1950 – declared unconstitutional) • State of Punbjab v. Khem Chand (1974) J SCC 549 [Punjab Requisition of Movable Property |Act, 1947 declared unconstitutional]

Article 19 • State of Bihar v. K K Misra – 1969 3 SCC 337 Sec. 144 (6) Cr. PC – quashed. • State of M P v. Bharat Singh – AIR 1967 SC 1170 – M P Public Security Act, 1959. Relevant provision held unconstitutional.

Control at the Stage of exercise of Discretion • India - No law such as Administrative procedure Act of USA. • Failure to exercise discretion. • Abuse of discretion. • A K Kripak v. U. O. I (1969) 2 SCC 262 • Shri Rama Sugar Ind. V. State of M P 1974 1 SCC 534 • Contd. .

• Indian Rly. Construction Co. V Ajay Kumar (2003) 4 SCC 579 • Barium Chemicals v. Company Law Board • R D Shetty v. International Airport Authority of India (1979) 3 SCC 489 • Bharat Heavy Electricals v. M. C. Reddy (2005) 2 SCC 481