KARACHI:
There seems to be a lot of confusion and misunderstanding amongst powerful constitutional public office holders as to what constitutes limits of discretionary powers of individuals. Unfortunately, in countries like Pakistan, public office holders, who pledge to uphold the Constitution, while exercising their given discretionary powers, choose to favour individuals, whilst simultaneously compromising what constitutes the Constitutional rights of other law-abiding citizens.
Even the seniority privilege acquired through years of service of individuals, having similar qualifications and on the payroll of the national exchequer, with no adverse report are being denied their rights under the garb of discretion. There exists a Constitution, which is the supreme law that guarantees equal rights and opportunities to all citizens. Those wielding discretionary powers consider that they cannot be questioned or held accountable for exercising their power. We witness excesses being committed in the guise of discretionary powers to regularise gross irregularities and illegalities.
Infinite and unaccountable discretionary powers are only divine rights. Edward Coke has said, “Discretion is a science or understanding to discern between falsity and truth, between right and wrong, between shadows and substance, between equity and colourful glosses and pretences, and not to do according to their wills and private affections and opinions.” Lord Halsbury has elaborated this as “something is to be done according to the rules of reason and justice, not according to private opinion — it is to be, not arbitrary, vague, and fanciful, but legal and regular and it must be exercised within the limit, to which an honest man, competent to the discharge of his office, ought to confine himself”.
Malik Tariq Ali
Lahore
Published in The Express Tribune, May 4th, 2023.
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