All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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78.

Which of the following statements is the least accurate application of the principle set out below?


Principle :

There are two grounds on which discretionary power may be invalidated: (i) abuse of discretionary power, and (ii) failure to exercise discretionary power.
A: The decision-maker should correctly understand the scope of her power given by law and must not exceed those limits.
B: Courts do not interfere with the merits of an administrative decision; they are only concerned with examining the decision-making process.
C: An authority must not act mala fide or be motivated by bias, malice, or bad faith.
D: An authority must not exercise discretion for a purpose not authorized by law.
E: An authority is permitted to pass orders solely on the recommendation of some other person.

The answer is: E

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Explanation

The least accurate application of the principle is:

E: An authority is permitted to pass orders solely on the recommendation of some other person.

Explanation:

The principle mentioned outlines the grounds on which discretionary power may be invalidated, including the abuse of discretionary power and the failure to exercise discretionary power. However, option E suggests that an authority is permitted to pass orders solely on the recommendation of some other person, which is not entirely accurate.

In matters involving discretionary power, the decision-maker typically holds the responsibility to exercise that power judiciously, within the bounds of the law, and taking into account relevant considerations. While recommendations from others may be considered, it is generally the decision-maker's responsibility to make the final decision based on their understanding of the scope of their power and the relevant legal framework.

Option E implies that the authority can entirely delegate its discretionary power to someone else without any exercise of judgment or discretion, which is not always the case. The ultimate decision often rests with the authorized authority, and they are expected to use their discretion appropriately.