The power of Judicial Review- failure to exericise discretion
The Power of Judicial Review – Failure to Exercise Discretion
1. Introduction
Judicial Review is the power of courts to examine the actions or decisions of the executive and legislature to ensure they conform to the Constitution and laws.
It acts as a check on administrative discretion, ensuring that public authorities do not act arbitrarily or fail to perform their lawful duties.
Failure to exercise discretion means when a public authority, vested with discretion by law, either refuses to make a decision or acts in a mechanical, rigid, or neglectful manner, thereby causing injustice.
2. Judicial Review and Discretion
Discretion granted to authorities is not unfettered; it must be exercised reasonably, fairly, and within the limits of law.
The judiciary can review:
Unreasonable refusal or failure to exercise discretion.
Wanton or arbitrary exercise of discretion.
Exercise of discretion in bad faith or malafide.
Failure to act or “non-exercise of discretion” can be challenged as “Writ of Mandamus” compelling the authority to act.
3. Legal Principles
Discretion must be guided by relevant considerations and cannot be influenced by irrelevant factors.
Courts do not substitute their discretion but ensure the discretion is lawfully and properly exercised.
Non-exercise of discretion or failure to make a decision can amount to denial of natural justice.
4. Important Supreme Court Cases on Failure to Exercise Discretion
1. D.P. Joshi v. Union of India, AIR 1964 SC 1325
Facts: The petitioner sought government permission which was arbitrarily refused without proper consideration.
Held: The Court held that refusal to exercise discretion or mechanical denial is illegal.
Significance: Established that authorities must exercise discretion and not refuse to act.
2. Maneka Gandhi v. Union of India (1978) 1 SCC 248
Facts: Passport was impounded without reasonable grounds or opportunity to be heard.
Held: The Court held that discretionary power must be exercised fairly and reasonably; failure to do so violates Article 21.
Significance: Reinforced that due process must be followed in exercising discretion, and failure to act or improper exercise can be reviewed.
3. State of Orissa v. Dr. (Miss) Binapani Dei (1967) 2 SCR 330
Facts: Service matter where authorities failed to exercise discretion in promotion.
Held: Court held that administrative authorities must not abdicate their responsibility and must exercise discretion.
Significance: Failure to exercise discretion amounts to a jurisdictional error and is subject to judicial review.
4. Ravindra Kumar v. Union of India AIR 1967 SC 1361
Facts: The petitioner alleged failure of authorities to consider his representation.
Held: Court ruled that non-consideration of relevant representations and failure to exercise discretion can be quashed.
Significance: Reiterated that discretion is a duty and failure to act is subject to judicial scrutiny.
5. Union of India v. H.C. Bhagat (1963) 3 SCR 566
Facts: The government did not consider the petitioner’s request for promotion.
Held: Court held that failure to exercise discretion cannot be justified and is amenable to writ jurisdiction.
Significance: Authorities cannot adopt a “wait and see” attitude or remain inactive.
5. Summary of the Doctrine
Discretionary powers must be exercised within legal bounds and principles of fairness.
Failure to exercise discretion or refusing to make decisions is equivalent to denial of justice.
Courts intervene where there is abdication of duty or unreasonable inaction.
Judicial review ensures that discretion is not exercised arbitrarily or capriciously, and authorities comply with principles of natural justice.
6. Conclusion
The power of judicial review over the failure to exercise discretion acts as a critical safeguard against executive inaction or arbitrariness. The Supreme Court has firmly held that discretion is a public trust, and failure to exercise it fairly and timely invites judicial correction. This maintains the rule of law, fairness, and accountability in public administration.
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