Day 29 – Q. 4. Administrative discretion is necessary for effective governance, but it can also lead to ethical lapses. Discuss the ethical concerns associated with excessive discretion in public administration with suitable examples. (150 words, 10 marks)

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  • July 6, 2025
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Ethics Theory, TLP-UPSC Mains Answer Writing

Q. 4. Administrative discretion is necessary for effective governance, but it can also lead to ethical lapses. Discuss the ethical concerns associated with excessive discretion in public administration with suitable examples. (150 words, 10 marks)


Introduction 

Administrative discretion refers to the authority granted to public officials to make decisionswithin the bounds of law based on their judgment. It ensures flexibility, but without checks,  it risks misuse. Balancing discretion with accountability is key to ethical and effective public  administration.  

Body  

Why Administrative Discretion is Necessary 

In a diverse and rapidly changing democracy like India, administrative discretion helps bridge  the gap between rigid rules and practical governance realities.  

  1. Addressing Complex and Dynamic Situations: Officials must respond to emergencies or  policy gaps where rigid rules may not apply.  Example: During the COVID-19 pandemic, district magistrates used discretion to enforce  lockdowns suited to local conditions.
  1. Efficient Implementation of Welfare Policies: Discretion allows tailoring schemes to  individual or regional needs.  Example: Local officers prioritizing flood relief distribution based on on-ground  assessments rather than pre-set rules.
  1. Innovative and Responsive Governance: It empowers officers to innovate and adapt  based on context.  Example: A collector in Dantewada started “Cafe Azadi” to rehabilitate surrendered  Naxals, using discretionary funds creatively.

 How Excessive Discretion Can Lead to Ethical Lapses 

However, when discretion is exercised without sufficient checks and transparency, it can lead  to unethical conduct and institutional erosion.  

  1. Favoritism and Rent-Seeking: Lack of oversight allows for unfair advantages to select  individuals or groups.  Example: Discretionary allocation of mining leases in Karnataka led to a major scam and  loss of public trust.
  2. Discrimination and Bias: Subjective judgment may be influenced by caste, gender, or  political leanings.  Example: A recent case in a northern state where ration card approvals were  disproportionately denied to minority applicants.
  3. Bypassing Due Process: Excessive discretion may override legal norms, compromising  justice.  Example: Arbitrary demolitions of street vendors’ stalls without notice or rehabilitation  in urban localities.  As emphasized by 2nd ARC, unfettered discretion in the hands of officials leads to an  erosion of fairness, predictability, and transparency. 
  4. Reduced Transparency and Accountability: Unregulated discretion weakens citizens’  ability to question decisions.  Example: Discretionary transfers of teachers in rural areas without merit led to unequal  education access and demotivation.
  5. Undermining Institutional Fairness: Inconsistent application of rules fosters public  distrust and demoralizes honest officers.  Example: A whistleblower IAS officer in Haryana faced punitive transfers after exposing  irregularities, highlighting discretionary misuse.

Solutions to Regulate Discretion Ethically 

Addressing these concerns requires a multi-pronged approach that balances necessary  autonomy with institutional safeguards.  

  1. Clear Guidelines and Standard Operating Procedures (SOPs): Framing detailed rules can  reduce subjectivity while retaining flexibility.  Example: Digital dashboards for scheme implementation with real-time checks can guide  discretion and ensure uniformity.
  2. Strengthening Oversight Mechanisms: Empower institutions like Lokayuktas, vigilance  bodies, and internal audits to review discretionary decisions.  Example: Rajasthan’s “Public Hearing Day” holds officers publicly accountable for local-level decisions.  The 2nd ARC recommends institutionalizing internal oversight and grievance redressal  for enhanced accountability.
  3. Ethical Training and Citizen-Centric Culture: Promoting values of integrity and empathy  in bureaucracy can curb misuse.  Example: The “Mission Karmayogi” reform aims to instill ethical reasoning and citizen  focus among civil servants.

Conclusion 

Administrative discretion must be exercised with fairness, clarity, and integrity. When  grounded in ethical principles and institutional checks, it becomes a powerful instrument for  good governance in a democracy.

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