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PASSAGE - 6
Governments may have to take steps which would otherwise be an infringement on the Fundamental Rights of individuals, such as acquiring a person's land against his will, or refusing permission for putting up a building, but the larger public interest for which these are done must be authorized by the people (Parliament).
Discretionary powers to the administration can be done away with. It is becoming more and more difficult to keep this power within limits as the government has many number of tasks to perform. Where discretion has to be used, there must be rules and safeguards to prevent misuse of that power. Systems have to be devised which minimise, if not prevent, the abuse of discretionary power. Government work must be conducted within a framework of recognised rules and principles, and decisions should be similar and predictable.
Governments may have to take steps which would otherwise be an infringement on the Fundamental Rights of individuals, such as acquiring a person's land against his will, or refusing permission for putting up a building, but the larger public interest for which these are done must be authorized by the people (Parliament).
Discretionary powers to the administration can be done away with. It is becoming more and more difficult to keep this power within limits as the government has many number of tasks to perform. Where discretion has to be used, there must be rules and safeguards to prevent misuse of that power. Systems have to be devised which minimise, if not prevent, the abuse of discretionary power. Government work must be conducted within a framework of recognised rules and principles, and decisions should be similar and predictable.
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