Topic: mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections
Q3. “Democratic governance requires that administrative actions remain proportionate to the powers conferred by law.” Discuss. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question
The importance of the Rule of Law, constitutionalism and limited government in ensuring accountable and democratic public administration.
Key Demand of the question
The question requires discussing why administrative actions must remain proportionate to the powers conferred by law in a democracy. It also requires highlighting the challenges in ensuring such proportionality and suggesting measures to strengthen lawful and accountable administration.
Structure of the Answer:
Introduction
Briefly define the principle of proportionality and relate it to the Rule of Law and constitutional governance.
Body
- Democratic governance and proportionality: Explain how proportionate exercise of administrative powers strengthens constitutional democracy.
- Challenges: Mention the broad legal, institutional and administrative issues that lead to disproportionate exercise of power.
- Way forward: Suggest broad legal, institutional and governance reforms to ensure accountable and proportionate administration.
Conclusion
Conclude by emphasizing that democratic legitimacy depends on balancing effective governance with constitutional limitations on executive power.
