Define: Discretionary Power

Discretionary power refers to the authority given to a person or entity to make decisions based on their own judgment and without strict guidelines or rules.

Discretionary power can be held by various individuals or entities, such as government officials, judges, administrative agencies, or employers.

Discretionary power allows the decision-maker to exercise their judgment and make choices based on their own assessment of the situation, while mandatory power requires adherence to specific rules or guidelines.

Yes, discretionary power can be challenged if it is believed that the decision-maker has acted arbitrarily, capriciously, or in violation of any applicable laws or regulations.

When exercising discretionary power, factors such as fairness, reasonableness, public interest, and the specific circumstances of the case are often taken into account.

Yes, discretionary power can be delegated to another person or entity, as long as it is done within the bounds of the law and any applicable regulations.

Yes, discretionary power is not absolute and is subject to certain limitations. It must be exercised within the scope of the authority granted and should not be used to infringe upon fundamental rights or act in an arbitrary or discriminatory manner.

Discretionary power can be revoked or limited by higher authorities or through legal processes if it is found to have been abused or misused.

To challenge a decision made using discretionary power, one may need to file an appeal, petition for judicial review, or seek legal remedies available under the relevant laws and regulations.

No, discretionary power cannot be used to override existing laws. It must be exercised in accordance with the law and should not contradict or undermine the legal framework in place.