LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pratik (self working)     21 June 2010

Discretion

Definition: Power Given to Authority by Law.

There are 3 types of discretion which is as follows:

1) Administrative discretion .

2) Subjective Satisfaction Type discretion.

3) Objective Satisfaction Type discretion.

 

2) Subjective Satisfaction Type discretion - Where the statute empowers the Administrative Authority to see its own limits to determine the criteria for a decision, such type of discretion is called Subjective Satisfaction Type discretion. The Expression like if in his opinion 'if he thinks fit', 'if he deems', if he considers'. etc. are the good examples of  Subjective Satisfaction Type discretion.

3) Objective Satisfaction Type discretion - Where the statute empowers the Exectuive Authority with discretion itself imposes defined or ascertainable predertermined criteria, with the help of which the decision maker must make his choice, such type of discretion is called Subjective Satisfaction Type discretion. The existence of the objective element may be viewed as condition precedent for the exercise of the power.

Pls elaborate with your expert comments on the abovemetioned topic in detail if possible with the help of suitable(S)(S) examples. Pls give your opionion on the subject matter in detail pls.

Thanks a Lot.



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register