Maladministration & Corruption — Administrative Law Notes

Maladministration & Corruption

Not every failure of government is corruption. When a file gathers dust for years, when a decision is taken on a whim, when a citizen is sent from counter to counter — that is maladministration: not always dishonest, but always a failure to administer properly. The Ombudsman was invented precisely to catch this quieter wrong that the criminal law misses.

What are maladministration, corruption and administrative deviance?

Maladministration is administration that is defective, unjust or improper — the failure to administer according to law and fair standards. In the ombudsman sense it includes bias, neglect, delay, incompetence, arbitrariness, discourtesy, and abuse of power — wrongs that cause a citizen injustice even without dishonesty.

Corruption is the abuse of public office for private gain — bribery, favouritism, misappropriation — punishable under the Prevention of Corruption Act, 1988.

Administrative deviance is the umbrella term for deviation from the proper norms of administration — covering both maladministration and corruption, i.e. all the ways officials depart from honest, fair and lawful administration.

Forms of maladministration (worth listing): undue delay, arbitrariness, bias/favouritism, nepotism, negligence, discourtesy, abuse of discretion, non-application of mind, and failure to follow proper procedure.

Control mechanisms: the Ombudsman (Lokpal/Lokayukta) for grievances and allegations; the CVC and CBI for corruption; judicial review for arbitrariness; RTI for transparency; departmental disciplinary action; and parliamentary oversight.

Maladministration described (the classic “Crossman catalogue”): “Maladministration includes bias, neglect, inattention, delay, incompetence, ineptitude, perversity, turpitude and arbitrariness in the exercise of administrative power.”

In Simple Terms: Maladministration is defective or unjust administration — delay, bias, negligence, arbitrariness — which harms the citizen even without dishonesty. Corruption is the abuse of office for private gain (punishable under the Prevention of Corruption Act, 1988). Administrative deviance covers both. They are controlled by the Ombudsman, CVC/CBI, judicial review, RTI and departmental discipline.

flowchart TD
    ROOT["Administrative deviance"]:::root
    ROOT --> M["Maladministration<br/>delay · bias · negligence · arbitrariness (no dishonesty needed)"]:::leaf
    ROOT --> C["Corruption<br/>abuse of office for private gain (PC Act 1988)"]:::leaf
    ROOT --> CT["Controls:<br/>Lokpal/Lokayukta · CVC/CBI · judicial review · RTI · discipline"]:::mid
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef mid fill:#FDECC8,stroke:#8a5a00,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

🧩 WORKED EXAMPLE — Manipulated recruitment

Facts. In a recruitment for constables, marks are manipulated to favour certain candidates. Aggrieved candidates want the wrong addressed.

Rule. Manipulation of a selection is both maladministration (arbitrariness/favouritism) and, where done for gain, corruption; remedies include the Ombudsman (Lokayukta), CVC/CBI, and judicial review for arbitrariness (Art. 14).

Apply. The tampering makes the selection arbitrary and tainted by favouritism/corruption. It can be challenged before the Lokayukta (allegation), inquired into by vigilance/CBI, and set aside by the writ court under Article 14.

Conclusion. The candidates can seek redress through the Ombudsman/vigilance machinery and by writ; the manipulated selection is liable to be quashed as arbitrary maladministration.

Case Laws

• Vineet Narain v Union of India (1998) — systemic anti-corruption safeguards; independence of investigating agencies.
• Common Cause v Union of India (various) — judicial insistence on accountability against maladministration and corruption.

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