Power Coupled With Duty II

Several statutes confer power on authorities and officers to be exercised by them at their discretion and they are couched in permissive language, such as, “it may be lawful”, “it may be permissible”, “it may be open to do”, etc. But in certain situations, such power is coupled with duty and must be exercised.

My Lord, Should a Court issue a direction to effectuate an enabling Constitutional Provision which has to be exercised by the State in its discretion on being satisfied of certain conditions precedent?

In Suresh Chand Gautam v. State of Uttar Pradesh, [Writ Petition (Civil) No. 690 of 2015] a Writ of Mandamus was sought to collect material or data which was in the realm of condition precedent for exercising a discretion which flows from the enabling Constitutional Provision.

It was considered, “the concept of power coupled with duty is always based on facts” and held that the direction of the nature sought, would not come within the principle of exercise of power coupled with duty.

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