The authority to carry out the power of the judiciary, quasi-judicial, must record reasons for his decision: the Supreme Court

New Delhi: The Supreme Court on Thursday said that administrative authority, implementing justice or attorneys, must record the reason for his decision.
The top yesterday said that if the law provided the task to record reasons in writing, no doubt, it must be followed and it will amount to violations of the law if not followed.
“Even if there is no task to record reasons or support orders on the grounds, there is no doubt that, for each decision, there will be and there must be a reason,” said the APEX court.
Judge Joseph and S Ravindra Bhat said that those people, who might have rights or interest in subject matter, would know what the reason was, which had encouraged the administrator to make certain decisions.
“Administrative authority, exercising judiciary or judiciary, must record reasons for its decision.
This is subject to the exception where the requirements have been explicitly or the implications needed,” Bench said.
This adds that the task to provide reasons will arise even in the case of administrative actions, where legal rights are at stake and administrative actions have a negative impact on legal rights.
“The executive power of the Union and their respective countries is provided in Article 73 and 162 Indian Constitution.
No doubt, in India, every state action must be fair, failing, it will fall from the mandate of Article 14″, Bench said in the 109-page decision .
The upper court made observations in the appeal proposed by the National Highway Authority (NHAI) on the orders of the Patna High Court directing to shift the proposal of the construction of the toll plaza in 194 km of Patna-Bakhtiyarpur’s milestone part of NH 30 in Bihar from the current location to the place Others on the new alignment separate from NH 30.
Risen it argued that the construction of the toll road in 194 kilometers was not illegal or arbitrary and said that the direction of the High Court, to shift the toll plaza, it could not be enforced and can be ruled out.
It directs the NHAI to see the barricade (road closure of service) about the toll square and allows such barricades only as permitted based on rules.
“Every invalid barricade will be removed without a delay and at any level within 2 weeks starting today”, said Bench.
Further directed at NHAI will issue the appropriate direction for all executive authorities to maintain different records containing decisions within three weeks.
The top yesterday said that the advantage of giving reasons for every administrative action is that it has a disciplining effect on the administrator.
“This is for the reason why the reason for the reason will capture the process of thinking, which peaked in the decision and it will help the administrator avoid crime of illegality, irrationality, and also disproportionality.
The reason can help establish the application of the mind.
Instead, there is no reason maybe both point to non- Application of mind, “he said.
The bench said that the task to act fairly might require a reason to note but the task, although there are general tasks about all-state players to act fairly, may have the basics, in the end in legal rights.
“Constitution does not reflect on any public authority, exercise with Caprice or for no reason.
But here again, in the absence of tasks to record the reason, the court will not dress with the power to foster administrative actions just for the reason that there is no reason that can be Found, “he said.
The top yesterday said that in certain situations, the reason for certain decisions can be obtained from the authority request when this problem was tested in court.
“From the material, including notification of files, which is available, the court can conclude that there are reasons and actions that are not illegal or arbitrary.
From the fact that confesses, the court can conclude that there is enough justification, and there is only no reason, it will not be enough To cancel public authority actions.
Thus, the reason may be, in certain situations, must be recorded in the order, “he said.