Question 1(a) · 10 marks · 184 words written
Opening · a definition
Discretion in administration is the flexible exercise of judgement allowed to a public official in the performance of some of her duties.
Merits of discretion
Body · points
- Hastens decision making in situations of crisis → e.g. dealing with an unprecedented crisis in public order - in Covid crisis many officers implemented social distancing even before official orders.
- Routine problems can be addressed efficiently → e.g. a scheme that helps poor people but its parameters are not clear although the eventual objective is.
- Can prevent loss of life & property → e.g. a UP police officer crossed the border during Delhi riots to protect a man from a mob.
Demeits of discretion
- Against rule of law
- Can place enormous power at the feet of unelected officials → e.g. deciding whom to award a benefit.
- Conduit for corruption → e.g. alloting spectrum licenses on vague & discretionary grounds → loss to exchequer.
Close · a summary
Discretion can be a blessing in several low-level decisions but it can also cause severe damage to governance when it becomes a habit or occurs when discretion is generally avoidable.