ADMINISTRATIVE DISCRETION AND JUDICIAL CONTROL IN INDIA

Abstract

Administrative discretion is an essential component of modern governance, enabling executive authorities to make flexible and context-specific decisions. However, unchecked discretion can lead to arbitrariness, abuse of power, and violations of fundamental rights. In India, the judiciary plays a crucial role in controlling administrative discretion through judicial review, ensuring that such power is exercised within constitutional and statutory limits. This paper examines the scope and limitations of administrative discretion in India, analyzing key judicial doctrines such as Wednesbury unreasonableness, proportionality, and legitimate expectation. It explores landmark Supreme Court and High Court judgments that have shaped the contours of judicial control over administrative action. Furthermore, the study evaluates the balance between administrative efficiency and judicial intervention, highlighting the tensions between executive autonomy and accountability. By assessing contemporary trends and challenges, the paper underscores the judiciary’s role in upholding the rule of law while respecting the separation of powers.