A Short Note on Meaning and Definition of ‘Abuse of Power’ in Administrative Law

Introduction

Black’s Law Dictionary (7^th Edition, 1999) defines ‘abuse’ as “to depart from legal or reasonable use in dealing with (a person or thing)” or “to injure (a person) physically or mentally” or “to damage (a thing)”. However, the phrase ‘abuse of power’ has not been defined in any statute or enactment.

Interpretative Technique Involved

The Hon’ble Supreme Court in Tarlochan Dev Sharma v. State of Punjab, (2001) 6 SCC 260, has used various interpretative techniques and tools in order to arrive at a conclusion as to the meaning of the phrase ‘abuse of power’. The Court used the ‘Subject and Object Rule’. This rule seeks to ascertain the subject of the enactment where the word or expression occurs and have regard to the object which the legislature has in view.

The Court further says that heed must not be paid to the grammatical or the etymological meaning. The popular meaning also must not be resorted to. Importance must be given to the subject or the context in which the phrase is being used and the object which the legislature seeks to attain by using such phraseology.

The words must derive their color from the context. And if the context makes the meaning of the word or the phrase manifestly clear, then all other exercises of ascertaining the meaning must be ceased.

Meaning of ‘Abuse of Power’

By using this “Subject and Object Rule”, the court derived the meaning of ‘abuse of power’. The Court said that in Administrative Law, ‘abuse of power’ cannot simply mean ‘use of power which may appear to be simply unreasonable or inappropriate’. The Court further said that:

“An honest though erroneous exercise of power or an indecision is not an abuse of power. A decision, action or instruction may be inconvenient or unpalatable to the person affected but it would not be an abuse of power.”

What ‘Abuse of Power’ can and cannot mean?

The Court in the instant case derived the meaning of ‘abuse of power’ in relation to Section 22 of the Punjab Municipal Act, 1911. This does not mean that the phrase ‘abuse of power’ would mean the same in every statute. However, in cases where the phrase ‘abuse of power’ is used along with other phrases such as ‘habitual failure to perform duties’ or ‘persistently makes default in performing the duties imposed on it by or under this Act’ where the action of the body in question is an elected one, then it would be safe to assume in the words of the Court that:

“A singular or casual aberration or failure in exercise of power is not enough; a course of conduct or plurality of aberration or failure in exercise of power and that too involving dishonesty of intention is “abuse of powers”……..

The legislature could not have intended the occupant of an elective office, seated by popular verdict, to be shown exit for a single innocuous action or error of decision.”

External intervention or dictation can also be a ground for ‘abuse of power’. Professor Wade observes that:

“If the Minister's intervention is in fact the effective cause, and if the power to act belongs to a body which ought to act independently, the action taken is invalid on the ground of external dictation as well as on the obvious grounds of bad faith or abuse of power.”

Closing Comments

The Hon’ble Supreme Court in Shrisht Dhawan v. Shaw Bros., (1992) 1 SCC 534, observed the same thing stated above. The Court said that the purpose of the statute is of great importance. The Courts shall not permit any attempt to extend the operation of the Act to something that is foreign to the object and scope of the said Act. The Court further clarified that the concept of ‘fraud on statute’ as it exists today revolves around ‘abuse of power’ or mala fide exercise of power. The reasons could range from excessive exercise of power or defeating the purpose of the statute by subjecting it to irrelevant or extraneous considerations.

Thus we see that there is no straightjacket formula to ascertain the meaning of ‘abuse of power’. The context as well as the object for which it is being used would give color to the phrase ‘abuse of power’.