Arbitrariness In Discretionary Power: Legal Implications In White-Collar Crime Enforcement In India
- IJLLR Journal
- 3 hours ago
- 1 min read
Dr. Neena Hamid, Senior Assistant Acharya, Faculty of Law & Forensic Sciences, Apex Professional University, Pasighat, Arunachal Pradesh
ABSTRACT
Discretionary power is a crucial component of modern governance, enabling administrative and regulatory authorities to exercise the necessary flexibility in addressing complex and evolving situations. However, unchecked or arbitrary exercise of such power, particularly in the enforcement of white- collar crimes, raises significant concerns regarding transparency, fairness, and accountability. This research critically analyses the intersection of discretionary authority and the enforcement of white-collar crimes in India, highlighting how misuse of such power can subvert justice and perpetuate impunity among the elite. The study explores constitutional and legal provisions that govern discretion, the structural weaknesses in regulatory bodies, and the inadequacies in judicial and legislative oversight mechanisms. By examining landmark Indian judgments and drawing comparisons with global best practices, the paper outlines how judicial activism has emerged as a corrective mechanism to curb arbitrary decision- making. The research also examines the role of institutions such as the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED), and the Serious Fraud Investigation Office (SFIO), assessing their efficacy and limitations. A comparative analysis with regulatory regimes in developed jurisdictions further illuminates the need for comprehensive reforms in India. The paper concludes by recommending structural, legal, and policy-level changes to mitigate the arbitrary application of discretionary power and strengthen the enforcement framework against white-collar crimes. These reforms are critical not only to uphold the rule of law but also to restore public trust in democratic governance and justice administration.
Keywords: Discretionary Power, White-Collar Crime, Judicial Activism, Regulatory Enforcement, Arbitrariness
