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Discretion of Ministers'... a reasonable read...

I produce here one landmark English case – The padfield Case [1968] AC 997, decided by one of the most celebrated Judge of England- Lord Denning. This is how Lord Denning dealt with the case before it. His Lordship said-

“It is plain to me that by these provisions parliament has provided machinery by which complaints of farmers can be investigated by a committee which is independent of the board and by which those complaints, if justified, can be remedied. No other machinery is provided. This case raises the important question: How far can the Minister reject the complaint out of hand ? Is the Minister at liberty in his unfettered discretion to withhold the matter from the committee of investigation and thus refuse the farmers a hearing by the committee ? And by refusing a hearing, refuse a remedy ? Mr Kemp, who appeared for the Milk Marketing Board, contended that the Minister need not consider the complaint at all. He could throw it into the waste paper basket without looking at it. The Solicitor General did not support this argument It is clearly untenable. The Minister is under a duty to consider every complaint so as to see whether it should be referred to the committee of investigation. I can well see that he may quite properly reject some of the complaints without more ado. They may be frivolous or wrong headed: or they may be repetitive of old complaint already disposed of. But there are others which he cannot properly reject. In my opinion every genuine complaint which is worthy of investigation by the committee of investigation should be referred to that committee. The Minster is not at liberty to refuse it on grounds which are arbitrary or capricious. Nor because he has a personal antipathy to the complainant or does not like his political views. Nor on any other irrelevant ground.


It is said that the decision of the Minister is administrative and not judicial. But that does not mean that he can do as he likes, regardless of right or wrong. Nor does it mean that courts are powerless to correct him. Good administration requires that complaints should be investigated and that grievances should be remedied. When Parliament has set up machinery for that very purpose, it is not for the Minister to brush it on one side. He should not refuse to have complaint investigated without good reason.


But it is said that Minister is not bound to give any reason at all. And that, if he gives no reason, his refusal cannot be questioned. So why does it matter if he gives bad reason ? I do not agree. This is the only remedy available to a person aggrieved. Save, of course, for Questions in the House which Parliament itself did not consider suitable. Else why did it set up a committee of investigation ? If the Minister is to deny the complainant a hearing- and a remedy- he should have at least good reason for his refusal: and when asked, he should give them. If he does not do so, the Court may infer that he has no good reason. If it appears to the Court that the Minister has been, or must have been, influenced by extraneous considerations which ought not to have influenced him- or, conversely, has failed, or must have failed, to take into account considerations which ought to have influenced him – the court has power to interfere. It can issue a mandamus to compel him to consider the complaint properly.

sandeep.

Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
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If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Sandeep Jalan

Advocate

Law Referencer: https://www.litigationplatform.com/


Thank you.
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