CONSEQUENCES OF FAILURE TO EXERCISE ADMINISTRATIVE DISCRETION: A STUDY IN INDIAN ADMINISTRATIVE LAW
AUTHOR – PRIYANSH AGARWAL, LLM SCHOLAR AT GUJARAT NATIONAL LAW UNIVERSITY
BEST CITATION – PRIYANSH AGARWAL, CONSEQUENCES OF FAILURE TO EXERCISE ADMINISTRATIVE DISCRETION: A STUDY IN INDIAN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 486-492, APIS – 3920 – 0001 & ISSN – 2583-2344
Administrative discretion is an inherent part of governance, enabling authorities to take decisions within the parameters of prevailing laws and policies. It is an important tool for providing flexibility in decision-making, particularly in cases where strict application of rules can result in unfair outcomes. But when discretion is not applied where it is needed, it can lead to administrative paralysis, bureaucratic inefficiency, and legal issues. The Indian judiciary has time and again stressed that discretion cannot be given up in lieu of mechanical enforcement of rules.[1]
[1] K Jain, ‘The Role of Administrative Discretion in India’ (2016) 62(3) Indian Journal of Public Administration 431.