What are the discretionary powers of the court?

Judicial discretion refers to a judge’s power to make a decision based on his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.

What is meant by the discretionary power?

The term “discretionary power” means a power which leaves an administrative authority some degree of latitude as regards the decision to be taken, enabling it to choose from among several legally admissible decisions the one which it finds to be the most appropriate.

What are the discretionary power of the government?

Professor Harold Laski has defined discretionary power as that authority of the executive « whether in matters of sub- stance or of procedure or both, which it is free to exercise as it thinks fit ». *1 Legally, it is the power to exercise a discre- ‘ tion with which the courts cannot interfere.

What is a discretionary court?

Discretionary jurisdiction is a circumstance where a court has the power to decide whether to hear a particular case brought before it.

What is difference between discretionary power and arbitrary power?

Answer. is that arbitrary is (usually|of a decision) based on individual discretion or judgment; not based on any objective distinction, perhaps even made at random while discretionary is available at one’s discretion; able to be used as one chooses; left to or regulated by one’s own discretion or judgment.

What is discretionary authority?

discretionary authority An agency’s ability to decide whether or not to take certain courses of action when implementing existing laws.

What is discretionary power in India?

1. Sending back the advice given by the Council of Ministers and asking them to reconsider a decision that has already been made. 2. Delaying assent to Bills passed by the Parliament by use of pocket veto.

What is an example of discretionary?

The definition of discretionary is something that you use as desired or needed. When you have petty cash available to you to use, the money you spend is an example of discretionary spending. Available at one’s discretion; able to be used as one chooses; left to or regulated by one’s own discretion or judgment.

What is discretionary power of Governor?

When no party gets a clear majority, the governor has discretion to choose a candidate for chief minister who will put together a majority coalition as soon as possible. They can impose president’s rule.

What is the role of discretion?

Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense.

What is discretionary power in the criminal justice system?

Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.

What are the example of discretionary power?

Examples of Discretionary power in a sentence Discretionary power to permit judgment-debtor to show cause against detention in prison. Discretionary power is given to exclude low quality bidders, but can be used to exclude Outsiders. Discretionary power to refund or waive fee in certain circumstances.

What is the difference between discretionary power and arbitrary power?

Why is discretionary power important?

The exercise of structured discretionary powers within a mechanism with adequate checks and balances can go a long way in the fulfilment of public duties. It will also prevent any abuse leading to unsound, and arbitrary decision.

What is difference between arbitrary and discretionary?

Who enjoys discretionary power?

Legislative powers related to lawmaking and the state legislature, that is State Legislative Assembly (Vidhan Sabha) or State Legislative Council (Vidhan Parishad), Discretionary powers to be carried out according to the discretion of the governor.

What does discretionary mean?

left to individual choice or judgment
Definition of discretionary 1 : left to individual choice or judgment : exercised at one’s own discretion discretionary powers. 2 : available for discretionary use discretionary income.

What is discretionary power of President?

The President has discretionary power when he exercises suspensive veto ie. when he returns a bill (not money bill) for reconsideration of the parliament.

What is a discretionary decision?

Discretionary decision means a decision on whether to waive a plan review, an inspection or a provision of the state building code; or to allow an alternative material, design or method of construction.