Principles of Administrative Discretion: A Case Study of Pakistan

Abstract

With the emergence of the concept of welfare state and multiplication of executive functions, administrative discretion has to be accepted as a necessary evil. Discretionary authority conferred on the executive is never been absolute rather subject to legislative and judicial control. State functionaries, in performance of their duties, are entrusted with certain discretionary powers to regulate state affairs and to advance the cause of justice. In the exercise of discretionary powers, the executive authorities are bound to observe certain principles, standards, and parameters articulated by legislature and the Superior Courts so as to avoid misuse of authority. With the help of qualitative and deductive research methodology, this article aims to examine various case laws wherein the Superior Courts enunciated principles and standards for the proper exercise of discretionary authority, in order to keep the executive in its bounds.