Conclusion

It is a settled principle of law that a discretionary power cannot be exercised in a fickle manner. Simply because the exercise of a power is optional for the government does not mean that it can be exercised in a whimsical manner. Article 14 of the Indian Constitution has been interpreted to prohibit all kinds of arbitrary decisions by the government. Thus, the courts are entitled to examine if a discretionary power has been exercised in a judicious manner.