“Administrative discretion is necessary for effective governance, but unchecked discretion can undermine fairness.” How can discretion be exercised ethically?

Q7. “Administrative discretion is necessary for effective governance, but unchecked discretion can undermine fairness.” How can discretion be exercised ethically? (10 M)

Difficulty Level: Medium

Reference: TH

Why the question

The ethical tension between administrative flexibility and fairness, and the safeguards needed to prevent discretion from becoming arbitrary.

Key Demand of the question

Explain why administrative discretion is necessary and how unchecked discretion can compromise fairness. Suggest the ethical principles and safeguards that should guide its exercise.

Structure of the Answer:

Introduction
Define administrative discretion and link it with the need to balance flexibility with ethical responsibility.

Body

  • Need for discretion: Indicate how discretion enables responsiveness, contextual decision-making and substantive fairness in administration.
  • Risks of unchecked discretion: Highlight the possibility of arbitrariness, favouritism, conflict of interest and erosion of public trust.
  • Ethical exercise of discretion: Suggest principles such as public interest, objectivity, proportionality, reasoned decisions, transparency and accountability.

Conclusion
Conclude that ethical administration requires not the elimination of discretion but its exercise within constitutional values and accountable institutions.