Q7. “Discretion without accountability can turn administrative authority into arbitrary power.” Assess the ethical limits of administrative discretion. How can public officials exercise discretion without compromising fairness? (10 M)
Difficulty Level: Medium
Reference: NIE
Why the question
The ethical tension between administrative flexibility and accountability, and how discretion can remain responsive without degenerating into arbitrariness, favouritism or unequal treatment.
Key Demand of the question
The answer should first assess the ethical limits within which administrative discretion must operate. It should then explain how public officials can exercise necessary discretion while safeguarding fairness, objectivity, transparency and accountability.
Structure of the Answer:
Introduction
Introduce administrative discretion as necessary because rigid rules cannot anticipate every governance situation, while emphasising that such discretion remains a public trust bounded by constitutional and ethical principles.
Body
- Ethical limits of administrative discretion: Discuss how discretion must remain bounded by legality, public interest, impartiality, reasonableness, proportionality and respect for citizens’ rights, while avoiding personal bias, favouritism, conflicts of interest and arbitrary differentiation.
- Exercising discretion without compromising fairness: Suggest combining clear decision-making criteria with reasoned orders, transparency, conflict-of-interest safeguards, institutional oversight and ethical competence so that flexibility is retained without sacrificing equal and objective treatment.
Conclusion
Conclude by emphasising the need for principled rather than unrestricted discretion, where administrative flexibility strengthens responsive governance while transparency and accountability preserve citizens’ trust.
