Unguided and unrestricted power is affected by the vice of discrimination

Unguided and unrestricted power is affected by the

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the whim and caprice of an absolute monarch”. Unguided and unrestricted power is affected by the vice of discrimination: Maneka Gandhi v. Union of India . The principle of equality enshrined in art 14 must guide every State action, whether it be legislative, executive, or quasi- judicial: Ramana Dayaram Shetty v. International Airport Authority of India [1979] 3 SCC 489 at 511-512, Ajay Hasia v. Khalid Mujib Sehravardi [1981] 1 SCC 722 and DS Nakara v. Union of India [1983] 1 SCC 305. [16] In Savrimuthu v. Public Prosecutor [1987] 1 CLJ 368; [1987] CLJ (Rep) 322, Salleh Abas LP said: any statutory power must be exercised reasonably and with due consideration. It is axiomatic that a statutory power or discretion is exercised unfairly if it is exercised unreasonably and without due consideration. [17] To answer the question posed a moment ago, it is my judgment that the departmental policy requiring a political party’s committee to comprise of representatives from at least 7 States of the Federation where registration is sought at the national level is not an unreasonable exercise of the statutory power conferred upon the ROS by s. 7(1) of the Act. Since Malaysia has 13 States the ROS probably had in mind that a political party seeking registration at the national level must seek to represent 50% plus one State in the Federation. There is nothing unreasonable about this. Some policy is necessary to guide the discretion conferred by s. 7. Otherwise it may become an unprincipled discretion. As Lord Reid observed in British Oxygen Co Ltd v. Minister of Technology [1971] AC 610: There are two general grounds on which the exercise of an unqualified discretion can be attacked. It must not be exercised in bad faith, and it must not be so unreasonably exercised as to show that there cannot have been any real or genuine exercise of the discretion. But apart from that if the Minister thinks that policy or good administration requires the operation of some limiting rule, I find nothing to stop him.
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34 [2007] 1 CLJ A B C D E F G H I Current Law Journal It was argued on the authority of R v. Port of London Authority, ex parte Kynoch Ltd [1919] 1 KB 176 that the Minister is not entitled to make a rule for himself how he will in future exercise his discretion. In that case Kynoch owned land adjoining the Thames and wished to construct a deep-water wharf. For this they had to get the permission of the authority. Permission was refused on the ground that Parliament had charged the authority with the duty of providing such facilities. It appeared that before reaching their decision the authority had fully considered the case on its merits and in relation to the public interest. So their decision was upheld. Bankes LJ said [1919] 1 KB at 184: There are on the one hand cases where a tribunal in the honest exercise of its discretion has adopted a policy, and, without refusing to hear an applicant, intimates to him what its policy is, and that after hearing him it will in accordance with its policy decide against him, unless there is something exceptional in his case. I think counsel for the applicants would admit that, if the policy has been adopted for
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