Legal Remedies Against Maladministration - A Doctrinal Study
- IJLLR Journal
- Nov 11
- 2 min read
Kaunain Fatima, M.S Ramaiah University of Applied Sciences
ABSTRACT
Maladministration poses a complex challenge within the realm of administrative law, involving actions or failures by public authorities that, although not necessarily unlawful, do not adhere to standards of fairness, reasonableness, and professional integrity. This doctrinal study provides a thorough examination of the conceptual framework of maladministration, differentiating it from clear illegality by concentrating on the quality of administrative processes and decision-making. The paper categorizes maladministration across three primary dimensions that is lawfulness, appropriateness, and procedural fairness, and delves into the doctrinal discussions regarding the justiciability of non-illegal maladministration, including issues like arbitrariness, bias, and negligence.
The examination of legal remedies in India reveals an evolving, multi- layered system structured around judicial review, administrative reconsideration, statutory tribunals, ombudsman entities, Lokayuktas, and Lok Adalats. Judicial review plays a crucial role by ensuring constitutional oversight, particularly regarding legality and procedural fairness, while alternative bodies offer accessible and timely solutions for administrative deficiencies. The functions of Lokayuktas and Lok Adalats in addressing maladministration through independent investigations and community-based dispute resolution are rigorously analyzed.
This paper further investigates intra-administrative remedies, highlighting recent improvements in China’s administrative reconsideration system as a comparative framework for bolstering efficiency, professionalism, and impartiality. It points out the doctrinal conflicts between efficiency and fairness, and considers the new challenges brought about by digital platforms, public reporting, and social media concerning administrative accountability.
An analysis of global trends reveals a push towards enhancing the independence of ombudsman offices and fostering participatory approaches, emphasizing the need for cohesive, tech-enabled, and citizen-focused remedial mechanisms. Drawing from comparative insights, the study recommends comprehensive measures for legislative clarity, judicial capacity enhancement, improved administrative remedies, and technological advancement to build a balanced, responsive, and transparent system.
Ultimately, this study contends that effectively tackling maladministration necessitates ongoing doctrinal evolution, systemic reforms, and the empowerment of society. A harmonized strategy that integrates legal rigor with administrative practicality can enhance administrative justice, cultivate public trust, and promote good governance, thereby strengthening the core principles of a vibrant democracy.
