International Journal of Multidisciplinary Approach and Studies Judiciary: A Ladder between Inevitable Administrative Discretion and Good Governance (original) (raw)

During the absolute British rule in India, from the early 19 th century until the year of India's independence, India was a Police State where the main focus was only maintenance of law and order. After British rule, India witnessed a transition from being a Police State to a Welfare State. It adopted a positive policy and as a welfare state targeted to perform varied functions. This led to a huge leap in governmental functions as now, social and economic well being of citizens is also within the domain of government itself. It is for this very reason that it has become necessary to delegate some powers to the Executive authorities so that they can plugged in the loop holes in the law left by the Legislature. It is established that discretionary powers are inevitable for good governance, but absence of statutory rules regarding use of such powers have led to the situation where it has been misused by the administrative authorities. In absence of any statutory guidelines against ...