Right or Privilege: Balancing the Individual Fundamental Rights and State Administrative Discretion

  • S. Taj Shifana,
  • P. Gokulapriya and Indhumathi @ Meimozhi. K
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  • S. Taj Shifana

    Legal Practitioner in India

  • P. Gokulapriya

    Guest Faculty at Government Law College, Salem, India

  • Indhumathi @ Meimozhi. K

    Assistant Professor at Prist University (SOL), Madurai Campus, India

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Abstract

A constitution’s fundamental rights are the fundamental freedoms that every citizen is entitled to, which include equality, liberty, and justice. These rights safeguard citizens from capricious state actions in democracies. Administrative discretion is the latitude granted to public servants or government agencies to decide within the parameters of their jurisdiction. Administrators can act effectively and adjust to various circumstances by using discretion, but it must be used cautiously to avoid abuse or misuse. Administrative discretion and fundamental rights are closely related. There are situations where administrative judgments can impact or restrict a person’s rights, including the freedom of speech, equality, and immunity from arbitrary imprisonment. Courts are crucial in these situations because they assess whether the exercise of discretion is reasonable, fair, and consistent with constitutional principles. Legal problems may arise if administrative discretion is applied unfairly or biasedly, as this could infringe basic rights. Legal systems frequently impose rules and restrictions on the use of discretion in order to preserve equilibrium. Individual rights are upheld by the application of principles like natural justice, rationality, and non-arbitrariness. This encourages responsibility and shields people from the state's unjust treatment. In overall, administrative discretion must be used within the bounds established by fundamental rights even though it is essential for efficient governance. A healthy balance between the two guarantees that the state operates effectively while defending people’s liberties and rights.

Keywords

  • Individual Right
  • Administrative Discretion
  • Constitutionality
  • Arbitrary
  • Judicial Control

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2893 - 2902

DOI: https://doij.org/10.10000/IJLMH.1110189

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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