Gamini SinglaAIR 3 · CSE 2021 · 171 wordsTheir whole copy
Opening · a definition
Discretionary powers means the power to decide in some situations where law becomes silent or cannot be applied.
Body · points
Not pure evil
→ If discretion is used to serve public good eg. a bureaucrat overlooking need for a lost document and alloting ration card to a poor lady.
→ Constitutional discretions like of Governor to choose in case of hung assembly → ensures continuity in Government.
→ Can help in curbing red tapism as Max Weber himself mentions over-abiding to rules curbs creativity and produces an iron cage.
Room for misuse
2nd ARC mentions:
Discretion + monopoly ∝ corruption
→ Misuse of one's power eg awarding of contract to one's relative compromising quality of service → To settle personal grounds eg harassment of a innocent man by a police man for personal reasons. → Harm to common good eg collusive corruption → Political pressure to use discretion to meet their interests - as Vohra committee says police-politican nexus.
Close · a way forward
The discretion must be eliminated as far as possible and must be used effectively.