Reasoned Decisions as a Check upon the Arbitrary Use of Discretionary Powers by the Administrative Authorities -A Comparative Study-

Reason is heartbeat of every decision. Every order must contain reasons in support of it. Speaking orders or reasoned decision is necessary if the judicial review is to be effective. The significance of the reasoned decisions as a check upon the arbitrary use of administrative power is straightforward. A party has a right to know the result of inquiry and the reasons in support of the decision. But the requirement that reasons be given does more than merely vindicate the right of the individual to know why a decision detrimental to him has been given. This is so because the obligation to give a reasoned decision is a substantial check upon the abuse of power. Speaking orders are necessary to make judicial review effective. A decision supported by reason is much less likely to rest on caprice or careless considerations. The giving of reasons convinces those subject to the decision that they are not arbitrary and ensures that they are not, in fact, arbitrary.