ADMINISTRATIVE DISCRETION AND ABUSE OF POWER: A CRITICAL ANALYSIS
AUTHOR – MUCHUKUND, VARDHMAN JOTHE & ANSH SHUKLA
STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY
BEST CITATION – MUCHUKUND, VARDHMAN JOTHE & ANSH SHUKLA, ADMINISTRATIVE DISCRETION AND ABUSE OF POWER: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 01-06, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Administrative discretion is an essential feature of modern governance. In a welfare state, the legislature cannot foresee every contingency or prescribe rigid rules for every administrative action. Therefore, discretionary authority is delegated to administrative authorities to ensure flexibility, efficiency, and responsiveness. However, discretion, if unchecked, can transform into arbitrariness, mala fide action, and abuse of power. The tension between administrative efficiency and constitutional safeguards lies at the heart of administrative law. This paper critically examines the concept of administrative discretion, its necessity, the legal principles governing its exercise, and the various forms of abuse of power. It further analyses judicial control mechanisms, especially in the Indian constitutional framework, and evaluates the evolving standards such as proportionality and reasonableness. The paper concludes by suggesting reforms to balance administrative autonomy with accountability.