Examine the necessity of administrative discretion.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Examine the necessity of administrative discretion.

Answer & Explanation:

The government cannot function without the exercise of some discretion by its officials. It is necessary because it is humanly impossible to lay down a rule for every conceivable eventuality that may arise in day-to-day affairs of the government. It is, however, equally true that discretion is prone to abuse. The exercise of discretion should not be arbitrary, vague and fanciful, but legal and regular. Therefore there needs to be a system in place to ensure that administrative discretion is exercised in the right manner. Administration has become a highly complicated job needing a good deal of flexibility apart from technical knowledge, expertise and know-how. Freedom to choose from various alternatives allows the administration to fashion its best response to various situations. If a certain rule is found to be unsuitable in practice, the administration can change, amend or abrogate it without much delay.

Topics: Administrative Law

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