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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
