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Discretion means the power to decide or act according to ones judgment. Indian law grants some discretionary powers to administrative authorities. Indian law, as it exists now, lays down broad limits within which an administrative authority is expected to function. For example, a statute confers discretion when it contains conditions, such as: If the authority is satisfied. If it appears expedient. If it is in public interest. If it is reasonable and just.
A famous case, Air India v. Nergesh Meerza, A.I.R. (1981) S.C. 1829, the normal age of retirement of an air hostess at the time was 35 years. Based on a regulation of the corporation, the managing director was authorized to increase the retirement age, up to 45 years. The managing director was empowered to use discretion based on his personal opinion. Further, he
was not required to record any reasons pertaining to the decision. The absence of specific guidelines in the regulation resulted in discrimination and biased approach in the exercise of such discretion. The court held that it was a clear case of official arbitrariness and struck down the scope of regulation where the managing director could extend the services of an airhostess.
Conclusion:
When an authority is conferred with discretionary power, it enjoys freedom to take action and the courts have only limited power of review in this regard. The court can only decide whether the discretionary power was legal or not. This can pose a serious threat to individual liberty.