Question

In cases in which a specific act confers a discretionary power on an authority:

• A. The court can direct the manner in which the power is exercised
• B. The court can direct that the power be exercised in accordance with law
• C. Both (a) and (b)
• D. Neither (a) nor (b)

Hint:

Courts cannot dictate how discretion is used but can ensure that it is exercised legally and not arbitrarily.

Answer 1

The Correct Option is B

Step 1: Nature of discretionary power.
When a statute grants discretionary power to an authority, the courts generally do not interfere with the manner of its exercise.
Step 2: Judicial review.
However, courts can ensure that the power is exercised fairly, reasonably, and in accordance with the law. The court cannot substitute its own discretion but can check legality.
Step 3: Conclusion.
Thus, option (b) is correct.