Authored By: SOBIA NEELOFAR
University of Kashmir Law College
Introduction
Power is meant to serve the people, not to dominate them. Every public official, whether in government, administration, or law enforcement, holds authority as a trust on behalf of the citizens. However, when that authority is used for personal benefit, political advantage, or to silence others, it becomes a clear misuse of power. Such acts weaken democracy, destroy public confidence, and erode the basic principles of justice and equality.
Understanding Misuse of Power
Misuse of power happens when those in authority act unfairly, unlawfully, or in a way that serves private interests instead of the public good. It often appears in the form of corruption, favoritism, political interference, or abuse of official position.
For instance, granting government contracts to relatives, using police forces to target critics, or denying rights without due process—all are examples of power being used for the wrong reasons.
Constitutional Perspective
The Indian Constitution sets clear boundaries for the use of power and offers protection to citizens against arbitrary action.
- Article 14 – Equality Before Law:
This article ensures that every person is treated equally. When public authorities act in an arbitrary or discriminatory way, they violate the spirit of Article 14.
Case: E.P. Royappa v. State of Tamil Nadu (1974) – The Supreme Court declared that arbitrariness itself is a form of inequality.
- Article 19 – Freedom of Speech and Expression:
Power is misused when authorities silence dissent, censor the media, or restrict peaceful assembly without valid reason. Such actions curb citizens’ democratic freedoms.
- Article 21 – Right to Life and Liberty:
When officials use power to detain people illegally, inflict violence, or deny fair hearings, they violate the right to life and liberty.
Case: Maneka Gandhi v. Union of India (1978) – The Court held that any action against a person must be fair, just, and reasonable.
- Articles 32 and 226 – Judicial Remedies:
Citizens can approach the Supreme Court or High Courts if their rights are violated. These articles act as safeguards against misuse of power by ensuring judicial review of administrative or governmental actions.
Forms of Misuse
Misuse of power appears in many ways:
Corruption – accepting bribes or misusing funds.
Nepotism – favouring friends or relatives over deserving candidates.
Political Bias – using government resources for political gains.
Police Abuse – unlawful arrests, violence, or intimidation.
Administrative Arbitrariness – taking decisions without fairness or transparency.
Judicial trends.
The judiciary plays a crucial role in curbing misuse of power. Through Public Interest Litigation (PILs) and judicial review, courts ensure that administrative and political authorities act within the limits of law.
My point of view.
Power, when rightly used, can uplift society; but when abused, it can destroy faith in law and governance. Every public official must remember that power is not a privilege but a responsibility. To prevent misuse, there must be transparency, accountability, and a strong moral foundation in public service. Only then can power truly serve its purpose—protecting rights and promoting justice for all .The abuse of authority shakes people’s faith in governance. It leads to injustice, inequality, and loss of public trust. Over time, this not only damages the image of government institutions but also weakens democracy from within. When citizens no longer believe that justice will prevail, corruption and unrest spread more easily.
