CONTROLS OVER ADMINISTRATIVE DISCRETION: A CASE LAW STUDY IN THE CONTEXT OF PAKISTAN
Keywords:Checks on discretion, Discretionary control, Safeguards and controls of discretion
With the evolution of modern welfare state, state functionaries have to perform numerous functions and discretion has to be accepted as a necessary evil. In order to avoid misuse of authority, a mechanism of legislative, administrative, and judicial controls have been devised. With the help of qualitative research methodology, this research aims to investigate how to keep control over the administrative actions without creating hindrance for the state officials in performance of their duties. Despite the fact that there are two competing views regarding conferring of discretion, the same could be adjusted with the help of reasonable controls at various stages: pre-conferment and post-conferment, which can be further categorized into legislative, administrative, and judicial controls. Nevertheless, these controls have to be exercised with utmost diligence so as to avoid apprehension of interbranch conflict and to ensure smooth functioning of the executive authorities.