Discretion - Definition - Law Dictionary Home Dictionary Definition discretion

Definition :

Discretion, the word 'discretion' connotes necessarily an act of a judicial character, as used with reference to discretion exercised judicially, it implies the absence of a hard and fast rule, and it require an actual exercise of judgment and a consideration of the facts and circumstances with are necessary to make a sound, fair and just determination and a knowledge of the facts upon which discretion may properly operate. When it is said that something it to be done according to the rules of reason and justice and not according to the rules of reason and justice and not according to private opinion; according to law and not honour. It only gives certain latitude liberty accorded by statute or rules, to a judge as distinguished from a ministerial or administrative official, in adjudicating on matters brought before him, Aero Traders Pvt. Ltd. v. Ravinder Kumar Suri, AIR 2005 SC 15.

--The word 'discretion' connotes necessarily an act of a judicial character, and, as used with reference of discretion exercised judicially, it implies the absence of a hard-and-fast rule, and it requires an actual exercise of judgment and a consideration of the facts and circumstances which are necessary to make a sound, fair and just determination, and a knowledge of the facts upon which the discretion may properly operate, Aero Traders (P) Ltd. v. Ravinder Kumar Suri, (2004) 8 SCC 307 (311).

--The word 'discretion' signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will; the liberty or power of acting without control other than one's own judgment, Union of India v. Kuldeep Singh, (2004) SCC 590 (599).

The word 'discretion' standing single and unsupported by circumstances signifies exercise of judgment, skill or wisdom as distinguished from folly, unthinking or haste; evidently therefore a discretion cannot be arbitrary but must be a result of judicial thinking. The word in itself implies vigilant circumstances and care; therefore, where the Legislature concedes discretion it also imposes a heavy responsibility, National Insurance Co. Ltd. v. Keshav Bahadur, AIR 2004 SC 1581 (1584): (2004) 2 SCC 37.

See JUDICIAL DISCRETION.

'Discretion', said Lord Mansfield in R. v. Wilkes, (1770) 4 Burr 2527, 'when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humour; it must not be arbitrary, vague, and fanciful, but legal and regular' (see CRAIES STATUTE LAW, 6th Edn., p. 273). Ramji Dayawala and Sons (P) Ltd. v. Invest Import, (1981) 1 SCC 80: AIR 1981 SC 2085: (1981) 1 SCR 899.

It means judicial discretion and not whim, caprice or fancy of a judge, Dhurandhar Prasad Singh v. Jai Prakash University, (2001) 6 SCC 534: AIR 2001 SC 2552.

Discretion, is the discernment of what is right or proper, A Dictionary of Law, Willium C. Anderson, 1889, p. 362.

Discretion, standing single and unsupported by circumstances signifies exercise of judgment, skill or wisdom as distinguished from folly, unthinking or haste; evidently, therefore, a discretion cannot be arbitrary but must be a result of judicial thinking, National Insurance Co. Ltd. v. Keshev Bahadur, (2004) 2 SCC 370.

Undoubtedly, means judicial discretion and not whim, caprice or fancy of a judge, Dhurandher Prasad Singh v. Jai Prakash University, (2001) 6 SCC 534.

Discretion, applied to a court of justice means judicial discretion and not whim, caprice or fancy of judge. Discretion must be governed by rule, not by humour or fanciful but by legal and regular practice and procedure, Relaince Airport Developers Pvt. Ltd. v. Airports Authority of India, 2006 (10) JT 424