CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws

A licensing authority has power to impose 'such conditions as it considers necessary' on a film exhibition licence. It imposes a condition requiring the exhibitor to donate a sum to a political party. A court strikes it down. Which reasoning is most accurate?

The condition is invalid because discretion must serve the purposes of the enabling statute. A donation to a political party has no connection with regulating film exhibition, so imposing it is an improper purpose. The wide words 'considers necessary' do not make the decision immune from judicial review.

1. AThe condition is invalid because discretion must be exercised to further the purposes of the enabling statute, and the donation has no nexus with themCorrect
2. BThe condition is invalid only because it was not published in the Gazette
3. CThe condition is valid because the words 'considers necessary' make the decision unreviewable
4. DThe condition is valid because exhibitors accept licences voluntarily