Question 1(a) · 10 marks · 148 words written
Opening · a definition
Administrative discretion refers to taking decisions when there are no definite set of rules and regulations to guide.
Body · points and prose
How it can be a blessing
→ Suppose if a poor couple is eligible under a certain scheme but lacks one of the documents to prove their eligibility, a civil servant may use his discretion to provide the couple with benefits under the scheme. This shows how discretion with compassion can be converted into good governance.
How it can be a curse
→ Taking the same example, if the civil servant wants to use his discretionary powers in an unethical manner, he may demand bribe from the old couple.
Discretion + non-accountability = corruption
→ Similarly, the Governor under Article 163 enjoys discretionary powers which if used in an unconstitutional manner affects stability of a state government.
Close
Hence discretion must be used in a right and ethical manner.