This article is written by Vaibhav Kaushik, School of Law Delhi Metropolitan Education affiliated with GGSIP University, 1st Year, BBA-LLB, during internship at LeDroit India.
Abstract
This discretion in administrative action is very crucial for modern governance. Authorities are thus enabled to respond to dynamic and unique situations, which no strict regulations could be made for. Thus, it greatly plays a role in increasing the efficiency of administrators, promoting fair practices, and meeting various requirements of society. This discretionary power, in effect, provides room for the exercise of decisions on case-to-case situations so as to make them just and fair. However, unchecked discretion does have challenges in the form of its misuse, favouritism, or arbitrariness. This article tries to explain why discretionary power is needed, what benefits it yields, and what care is required not to abuse such discretionary power. It will reveal how discretionary power, if used responsibly and in keeping with the rule of law, can become a most effective instrument of public administration through examples and practical implications.
Keywords- Discretionary power, administrative action, governance, public administration, accountability, flexibility rule of law, justice.
Introduction
Administrative power is a necessity in modern systems of administration. Discretionary power in an administrative system has been defined as the authority delegated to the discretion of the official to decide the course of action within the broad framework of law, bridging the gap between legal provisions and realities of governance and enabling officials to meet the varying and unpredictable requirements of administration effectively. On the practical side, discretionary power is exercised by the authorities to allocate resources or implement relief measures effectively in a case of natural disasters. However, flexibility is accompanied by the burden of exercising such powers judiciously, lest discretion be turned out to be arbitrariness, favouritism, or the abuse of authority. This article discusses discretionary power in administration actions, and its importance benefits, challenges and safeguards that ensure the same. It’s through case laws, examples and theoretical perspectives that underline that discretionary power, in fact contributes to fairly working governance when performed appropriately.
Discretionary Power
Administrative officers are vested with discretionary powers for exercising their discretion and acts of discretion under their convenient choices, within the permissible limits, under law. The discretionary power is different from the ministerial. It’s a process of discretion and exertion of a choice of the appropriate action in the light of circumstances prevailing .
Requirements of Discretionary Power
Flexibility of Exercise of Discretion
The rules are so rigid that they result in inefficiencies and injustices. Administrator’s discretionary power makes policies situation-wise, making them relevant and effective.
Example:
Distribution of resources by the authority in a particular place for disaster management is not as guided in the guidelines.
Special Conditions
Every case that comes before a statutory authority differs from another. The discretionary power bases decisions on subtle peculiarities of given situations instead of general policies.
Example:
Problem Issue of Driving License to Disabled Person The matter cannot be dealt with the normal procedure because most normal procedures are rigid and cannot cater for special cases. The discretionary power provides for special cases on a case-to-case basis by having a tailored driving test.
Equitability
Discretion ensures fair and just ruling by the means of official discretion that avoids hardship-bound strict rules.
Example:
Tax officers can exercise their discretion not to impose any penalty on time-bound submission on prima facie ground like natural catastrophe or personal mishap of taxpayer.
Risks and Challenges of Discretion
Misuse of Official Power
Limitations are highly required to disallow discretion to evolve into favouritism, corrupt or arbitrary rule.
Lack of Responsibility
If not well explained, discretionary acts may lead to loss of public confidence and a feeling of unfairness.
Responsible Use of Discretionary Power
Well-defined limits
The area of discretion should be well defined through legislative instruments so that discretion is exercised within the defined limits.
Mechanism for auditing
Provisions for regular auditing, public reporting, and judicial review should be made so that discretionary power is exercised responsibly.
Training and Capacity Building
The officials of the administration should be given proper skills and ethical training so that they exercise discretion responsibly. Here are the advantages and disadvantages of discretionary power in administrative law.
Advantages
Flexibility: Discretionary power means that administrators make decisions according to the specific facts involved in each case, which are well-tailored and effective for each case, so it means discretion is efficient.
Efficiency: Because discretionary power would hasten a decision-making process because officials need not follow hard, strict rules over each situation.
Judgment Use: The administrators, using their own expertise and discretion, can exercise their judgment to give proper decisions in order to deliver good
governance.
Dealing with Unplanned Situations: Discretionary power will help the officers deal with unexpected problems or emergencies, which may not be covered under existing laws and regulations.
Drawbacks
Abuse Liability: There is a possibility of discretionary power misuse by the officials, which may give rise to arbitrariness and bias in judgments.
Lack of Accountability: The discretion-based decisions cannot be held accountable by the officials as there is no clear guideline to follow.
Inconsistency: The discretionary decisions may lead to inconsistency in the application of laws and thus unequal treatment of similar cases.
Legal Uncertainty: The exercise of discretion can lead to uncertainty in the law, which is a source of confusion for individuals regarding their rights and obligations.
Conclusion
Discretionary power serves as the base for good governance. It allows a kind of justice in handling all tough and fluid matters in the community. Its probable abuse detracts from people’s confidence, making the actions slightly arbitrary and inconsistent. These three elements balance themselves only in situations where they find clear guidelines set by legal rules, fair systems of account, and the provision of endless capability building exercises for fairness and transparency. This gives responsible exercise of discretion power additional efficiency in the execution of administrative activities, grants justice, and respects rule of law principles, making governance fairer and more responsive.
References
- Dicey, A.V. (1885). Introduction to the Study of the Law of the Constitution.
- Jain, M.P., & Jain, S.N. (2020). Principles of Administrative Law.
- Denhardt, R.B., & Denhardt, J.V. (2015). The New Public Service: Serving, Not Steering.
- Government of India. (2021). Administrative Reforms Commission Report.
- Rosenbloom, D.H., & Kravchuk, R.S. (2022). Public Administration: Understanding Management, Politics, and Law in the Public Sector.
- Union of India v. Kuldeep Singh, (2004) 2 SCC 590.
- Maneka Gandhi v. Union of India, AIR 1978 SC 597.
- State of Punjab v. Khan Chand, AIR 1974 SC 543.
- R v. Secretary of State for the Home Department, ex parte Venables and Thompson (1997) 3 WLR 23.
- Vikas Dubey Encounter Case, (2020) SCC Online SC 789.
- Davis, K.C. (1971). Discretionary Justice: A Preliminary Inquiry.
- Cossins, A. (2021). “Judicial Oversight of Administrative Discretion,” Law Quarterly Review.
