Failure to Exercise Administrative Discretion: A Critical Analysis

In the twentieth century, the state’s obligation to its citizens grew as libertarianism gave way to welfare. There is no modern state that has the discretionary power to carry out such a wide range of duties. Since India is also a welfare democratic state, its administrators enjoy the same expanded responsibilities and powers as their counterparts in other such countries. It takes skill to rule, and unchecked authority would inevitably lead to abuses of discretion. As a result, we need a way to evaluate its usefulness. To use discretion is to choose amongst several alternatives without respect to any rules or guidelines. When the word ‘administrative’ is followed by the phrase ‘discretion,’ its original meaning is altered. It must be used rationally and fairly, not based on whims, rather than being abused. Any intent to gain advantage for oneself is illegal under the rule of law. It is the goal of this paper to ascertain the underpinnings of India’s administrative system and its operation, to clarify the steps that must be taken to remedy the situation when administrative discretion fails, and to provide a thorough analysis of the judicial control and its significance in relation to administrative discretion.