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Stream/Area:
-
Subject:
-
Paper ID:
IJSREM67542
Volume:
10 |
9 |
Sep 2026
Pages:
1-7
Publication Frequency:
Monthly (12 issues per year)
License:International Journal of Scientific Research in Engineering and Management follows the Creative Commons Attribution 4.0 (CC BY 4.0) License, allowing free use and distribution with proper attribution.
BA.LL.B(hons.)
THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, PERUNGUDI, CHENNAI 600 113.
Administrative discretion is an essential part of public administration, allowing authorities to make decisions in situations where legislation cannot provide for every possible circumstance. However, the rapid growth of digital technology is changing the manner in which such discretion is exercised. The increasing use of digital platforms, automated systems, algorithms and artificial intelligence has gradually shifted administrative decision-making from individual officials towards technology-assisted and system-based processes. While digital administration can improve efficiency, consistency and the delivery of public services, it also creates concerns relating to transparency, accountability, privacy, bias and procedural fairness. The exercise of discretion through automated systems raises an important question as to whether traditional principles of administrative law are sufficient to regulate decisions influenced or made by technology. This article examines the changing nature of administrative discretion in the digital age, with particular emphasis on its constitutional and legal dimensions in India. It further analyses the challenges posed by algorithmic decision-making and explores safeguards necessary to ensure that technological advancement remains consistent with principles of natural justice, non-arbitrariness, accountability and judicial review. The article argues that digitalisation should strengthen administrative efficiency without removing human responsibility from the exercise of public power.
KEYWORDS
Administrative discretion has always been a necessary feature of public administration, enabling authorities to respond to circumstances that legislation cannot fully anticipate. This article has shown that the digital transformation of governance does not eliminate this discretion; it relocates and reshapes it. As administration evolves from hierarchical, paper-based processes toward digital and data-driven systems, decision-making increasingly depends on algorithms, standardised procedures and automated tools that operate alongside, rather than in place of, human judgment. In India, this transformation is shaped by an existing constitutional and legal architecture. Articles 14, 19 and 21, together with the judiciary's insistence on non-arbitrariness, reasoned decision-making and privacy protection, establish limits within which technological administration must operate. As the decisions in Maneka Gandhi and Puttaswamy illustrate, the Constitution does not merely coexist with new technology — it actively conditions how such technology may be lawfully deployed. The challenges identified in this article — algorithmic bias, diminished transparency, dispersed accountability, privacy risk and the erosion of individual judgment — are not arguments against digitalisation but reminders that efficiency cannot be pursued at the cost of legality and fairness. The safeguards discussed — transparency, explainability, regular auditing, non-discrimination testing and continued human oversight — offer a practical framework through which these risks can be managed without abandoning the benefits digital administration offers. Ultimately, the exercise of administrative discretion in the digital age must remain anchored in the principles that have always governed it: reasonableness, fairness and accountability to law. Technology should function as an aid to administrative decision-making, not a substitute for the responsibility public authorities owe to the citizens they serve. Digitalisation, properly regulated, can strengthen the efficiency and consistency of governance — but only if human responsibility for the exercise of public power is preserved rather than displaced.
v Ashke, Chetan, Nandini Bhilala & Shyaminee Solanki. "Judicial Review of Administrative Discretion in the Age of Artificial Intelligence: Re-examining Wednesbury Unreasonableness and Proportionality in India." Indian Journal of Legal Review, Vol. 6, Issue 1 (2026). v Heath, Joseph. "Administrative Discretion and the Rule of Law." In The Machinery of Government: Public Administration and the Liberal State, 254–299. Oxford University Press, 2020. v LawGratis. "Administrative Discretion: Meaning and Scope." v Nalubolu, Likhitha Reddy. "Digital Oversight and Administrative Discretion: A Theoretical Framework and Research Agenda for Street-Level Bureaucracy." SSRN Electronic Journal (2026). v Ongena, Guido, Carolijn Schrijver, Erik Slingerland, Jeroen van Grondelle & Wouter Bronsgeest. "Digital Government and Discretion in Street-Level Bureaucracy: A Policy Analysis from The Netherlands." In Electronic Government (EGOV 2026), Lecture Notes in Computer Science, Vol. 16933, 83–97. Springer, 2026. v Şen, Alper Tunga. "From Traditional Public Administration To Digital Hybrid Public Administration." Quantrade Journal of Complex Systems in Social Sciences, Vol. 6, Issue 1 (2024): 81–88. v iPleaders. "Reasonable Restrictions under Article 19 and Administrative Discretion."
Publication Date
9/28/2026
Peer Review Type
Double-Blind Peer Review
Review Rounds: 2
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