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Stream/Area:
-
Subject:
-
Paper ID:
IJSREM67557
Volume:
10 |
9 |
Sep 2026
Pages:
1-9
Publication Frequency:
Monthly (12 issues per year)
License:International Journal of Scientific Research in Engineering and Management follows the Creative Commons Attribution 4.0 (CC BY 4.0) License, allowing free use and distribution with proper attribution.
BA.LL.B(hons.)
THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY PERUNGUDI, CHENNAI 600 113.
Administrative discretion is indispensable to modern governance, enabling public authorities to apply laws flexibly and respond to the varied needs of society. However, unchecked discretion may lead to arbitrariness, abuse of power and maladministration. Effective accountability and transparency mechanisms are therefore essential, with the Lokpal and Lokayukta occupying an important place in India’s administrative framework. This study examines the role of the Lokpal and Lokayukta in controlling administrative discretion and safeguarding citizens’ rights. It traces the evolution of the Ombudsman institution in India, from early recommendations for a grievance-redressal authority to the enactment of the Lokpal and Lokayuktas Act, 2013. It analyses the legal framework, jurisdiction and functions of the Lokpal at the Union level and the Lokayukta at the State level, particularly in addressing corruption, maladministration, abuse of authority and improper exercise of administrative power. The study further examines the powers, limitations and procedures of these institutions in receiving complaints, conducting preliminary inquiries and investigations, and initiating further action against public officials. It also considers their relationship with other administrative and investigative agencies and the institutional and procedural challenges affecting their functioning. Particular attention is given to whether they promote accountability, ensure the lawful and fair exercise of administrative discretion, and provide citizens with an accessible mechanism for reporting corruption and maladministration. The study concludes by examining the gap between the statutory framework and its practical implementation, including delays, institutional dependence and enforcement limitations, and assesses their role in strengthening transparency, accountability and integrity in public administration.
KEYWORDS
The Lokpal and Lokayukta have been established as important statutory institutions for promoting accountability, transparency and integrity in public administration. This study shows that administrative discretion is necessary for effective governance, but its uncontrolled or arbitrary exercise may result in corruption, maladministration, abuse of authority and infringement of citizens’ rights. The Lokpal at the Union level and Lokayukta at the State level provide an institutional mechanism through which complaints against public authorities can be examined and appropriate action can be initiated. Their powers relating to complaints, preliminary inquiry, investigation, information gathering and prosecution demonstrate their potential to act as an important check on the misuse of administrative power. However, the effectiveness of these institutions depends not merely upon the existence of statutory powers but upon their proper and timely implementation. The study identifies significant gaps between the statutory framework and its practical operation, including delays in appointments, vacancies, limitations in institutional capacity, inconsistent implementation at the State level, and the limited progression of complaints from registration to investigation and prosecution. Therefore, strengthening these institutions requires timely and transparent appointments, adequate staffing, efficient investigation and prosecution mechanisms, greater public awareness and improved accessibility for citizens. In conclusion, the Lokpal and Lokayukta can play a significant role in ensuring that administrative discretion is exercised within the limits of lawfulness, fairness and accountability. They cannot, by themselves, eliminate corruption or every instance of administrative abuse. Their effectiveness ultimately depends upon institutional independence, adequate resources, timely action and effective implementation of their statutory powers. A stronger and more accessible Lokpal and Lokayukta framework can therefore contribute to protecting citizens from the misuse of public authority and strengthening public confidence in democratic administration.
· Pal, Manjeet & Kulwant Singh, The Need and Importance of the Institution of Ombudsman in India, 14 Int’l J. for Res. Publ’n & Seminar, no. 4, at 117 (2023). · The Lokpal And Lokayuktas Act, 2013 · THE LOKPAL AND LOKAYUKTAS (AMENDMENT) BILL, 2016 (Bill No. 185 of 2016) · Sumeet Kaur, The Lokpal and Lokayuktas Act: Strengthening Democracy or Symbolic Reform?, 11(3) Int’l J. Rsch. & Innovation in Applied Sci. 86 (2026) · Kamal Jeet Singh, Sudhir Dutta & Anurag, The Lokpal and Lokayukta Act, 2013: A Critical Study, Indian Streams Research Journal (2014). · Dash, Dr. Shreemanshu Kumar & Risha Burman, The Lokpal and Lokayuktas Act in India: From Legislation to Implementation, 7 Indian Journal of Law and Legal Research 1428 (2025). · Dhawan, Yash & Vidhi Marwaha, Position of Ombudsman in India, 3 International Journal of Law Management & Humanities 641 (2020). · www.indiankanoon.org · www.indiacode.nic.in
Publication Date
9/30/2026
Peer Review Type
Double-Blind Peer Review
Review Rounds: 2
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The authors declare no conflict of interest related to this research work.
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