Ombudsman
November 22
In India-Admin
Law(Submitted
to Mr. Anil 2018
Vishwakarma)
A 2005 study conducted by Transparency International in India found that more
than 62% of Indians had first-hand experience of paying bribes or influence
peddling to get jobs done in public offices successfully. In its 2008 study,
Transparency International reports about 40% of Indians had first-hand
experience of paying bribes or using a contact to get a job done in public office. [Type the
In 2012 India was ranked 94th out of 176 countries in Transparency
International’s Corruption Perceptions Index.The basic idea of the Lok Pal is document
borrowed from the office of ombudsman, which has played an effective role in subtitle]
checking corruption and wrong-doing in Scandinavian and other nations. A
Lokpal is a proposed ombudsman (Legal Representative) in India. The word is
derived from the Sanskrit word “lok” (people) and “pala” (protector/caretaker),
or “caretaker of people.”
Ombudsman In India
Introduction
Years ago, Mahatma Gandhi said that “Corruption and hypocrisy ought not to be inevitable products of
democracy, as they undoubtedly are today.” Now days Corruption has its deep roots in Indian Society.
People who work on right principles are unrecognized and considered to be foolish in the modern society.
Earlier, bribes were paid for getting wrong things done, but now bribe is paid for getting right things done at
right time. In today’s scenario, if a person wants a government job he has to pay lakhs of rupees to the
higher officials irrespective of satisfying all the eligibility criteria. In every office one has either to give
money to the employee concerned or arrange for some sources to get work done. There is not a single forum
or organizations of the citizens of India unaffected from Corruption.
Ombudsman
Ombudsman is a machinery set up in Adminstrative Law to handle grievances and to prevent injustice.
Meaning of Ombudsman
According to C. K. Takwani, Ombudsman means, the grievance man or a Commissioner of Adminstration.
Accoding to Garner, he is an Officer of Parliament having his primary function, the duty of acting as an
agent for the Parliament for the purpose of safeguarding citizens against abuse or misuse of Adminstrative
powers by Executive.
Powers and Duties
Ombudsman is a supervisor of the Adminstrative Authority. It is the duty of the Ombudsman to enquire and
investigate complaints made by Government against the Admisntrative Authoriteis. Wide powers are
conferred upon the Ombudsman to carry out such actions. The power of Ombudsman are not restricted as
powers of Civil Court. Suo Moto action can be taken by him.
Nature of Ombudsman.
Judges, Lawyers, or Higher Officers are qualifed to be an Ombudsman. He is appointed by the Parliament,
but the Parliament does not intefere with the functions of the Ombudsman. Ombudsman can make
suggestions or recommendations for changes in the Admistrative Law for higher transparency, efficiency
and justice.
History of Ombudsman
Sweden was the first country to adopt the institution of Ombudsman as early in 1809. Since it's inception the
institution of Ombudsman has been adopted by Finland, Norway, Denmark, New Zealand, Guyana, England
and Australia.
Demerits.
(i) Instituion of Ombudsman can be successful in countries with lower population as a single person cannot
deal with complaints of large population.
(ii) Such an institution may loose its hold if there are more than one person or there is a large number of sub-
ordinate officers on whom the Ombudsman has to rely upon.
(iii) Some jurists have considered this institution not suitable for India and would amount to impractical and
disastrous experiment.
Ombudsman In India
Lokpal - The idea of an Ombudsman first came up in 1963 in Parliament through the discussion of a budget
allocation for the Minstry of Law.
In 1966 the first Administrative Reform Commission recommended the setting up of two Independent
Authoriteis at the Central and State Level, to look into the complaints against Public functionaries, including
Ministers of Parliament.
The Lokpal Bill was first introduced in Parliament in 1968, but was not passed. Eight attempts were made
thereafter, till 2011 to pass the Bill, but in vain.
In 2002, the Commission to renew the working of the constitution headed by M. N. Venkatachili
recommended the appointment of the Lokpal and Lokayuktas. It also recommended that the Prime Minister
may be kept out of the ambit of the authority.
In 2005, second Adminstrative Reform Commission headed by Veerappa Moily recommended that office of
Lokpal to be established without delay.
In 2011, the Government formed a group of Ministers, chaired by ex President Mr. Pranab Mukherjee to
suggest measures to tackel corruption and commission the proposal of a Lokpal Bill.
Finally in 2013, Lokpal and Lokayukta Bills were passed in both Houses of Parliament.
In 2016 Lok Sabha agreed to amend Lokpal Act. The Lokpal Bill was sent to the Standing Committe for
review. The Lokpal Bill finally came into shape after a nationwide protest led by India Against Corruption ,
a Civil Society Movement of activist Anna Hazare.
The Act allows setting up of an anti-corruption Ombudsman called as Lokpal at the Central and Lokayukta
at the State Level. The Lokpal will consist of a Chairperson and maximum of eight members. The Lokpal
bill covers all categories of public servants, including the Prime Minister. The Armed Forces do not come
under the ambit of Lokpal. The act provides for attachment and confiscation of property acquired by corrupt
means, even when the prosecution is pending. The State will have to institute Lokayukta within a year of its
commencement.
Appointment of the Lokpal.
A five memeber panel comprising the Prime Minister, Lok Sabha Speaker, the Leader of the Opposition, the
Chief Justice of India and the eminent Jurist nominated by the President, selects the Lokpal.
Delay in the Lokpal Act.
The current Lok Sabha does not have a Leader of the Opposition to sit on the Selection Panel. For an
opposition party to get a Leader of the Opposition post, it should have a strength of at least 10% of the total
members in the House and none of the parties managed to cross this mark. This unique situation called for
an amendment to the existing Lokpal Act to change the Leader of the Opposition to Leader of the largest
Opposition Party. While the amendment was moved and Standing Committe approved it, it is yet to be
tabled in the Parliament. Such is the situation of the Lokpal Act as on 2017.
Conclusion
The main objective behind the institution of Lokpal is to give strength to citizens so that they can raise their
voice against corruption without any fear. The existing devices like CVC and CBI for checks on elected and
administrative officials have not been effective, as the growing instances of corruption cases suggest. All
these have necessitated the creation of Lokpal with its own investigating team.
Therefore, there is a need for a mechanism that would adopt very simple, independent, speedy and cheaper
means of delivering justice by redressing the grievances of the people. But our Country is famous for its
beautiful numerous laws and its poor execution. Most of the laws have been proved fail to achieve its goal.
No law or institution would have been helped to remove deep roots of corruption from our country without
its proper execution.
It is rightly said by Publius Comelius Tecitus that “the more corrupt the state, the more laws”.
References
[1] “Transparency International – the global coalition against corruption”. Transparency.org.
[2] Centre for Media Studies, India Corruption Study 2005: To Improve Governance: Volume I – Key
Highlights, New Delhi: Transparency International India, 30 June 2005.
[3] “India Corruption Study – 2008”. Transparency International. 2008.
[4] Source: Transparency International
[5] Ombudsman in India by Aamna. Published on: August 4, 2011
[6] Source: Legal-dictionary.thefreelegaldictionary.com
[7] Source: http://en.wikipedia.org/wiki/Ombudsman
[8] Triloknath Mishra: Lokpal in India-An Analysis
[9] Standing Committee on Home Affairs eighty fourth Report on Lokpal Bill, 2001
[10] Upadhaya, J. J. R.: Administrative Law (2004) p. 382
[11] PUBLIC ADMINISTRATION AND PUBLIC POLICY-vol II-The Ombudsman Office-S.
E.Aufrecht:E1-34-05-08.pdf
[12] Great Britain, Iceland, Ireland, Israel, New Zealand, Norway, Slovenia, South Africa, Zambia
[13] Standing Committee on Home Affairs eighty fourth Report on Lokpal Bill, 2001
[14] Second administrative Reforms Commission: Twelfth Report, February, 2009, pg.no. 21
[15] Source: http://en.wikipedia.org/wiki/Lokpal
[16] Standing Committee on Home Affairs eighty fourth Report on Lokpal Bill, 2001
[17] PRS Legislative Research: PRS blog- FAQ: What is Lok Pal Bill? Why the ruckus over it?, rediff.com,
april 5, 2011
[18] Triloknath Mishra: Lokpal in India-An Analysis
[19] Second Administrative Reforms Commission: Twelfth report, February, 2009, pg. no. 3
[20] Triloknath Mishra: Lokpal in India-An Analysis
[21] Administrative Reforms Commission Report submitted in 1966: Quoted from Para 6
[22] Interim Report of the Administrative Reforms Commission on Problems of Citizens’
Grievances, 1966, p.8-15.
[23] http://www.hindu.com/thehindu/holnus/002200804051550.htm
[24] Source: http://en.wikipedia.org/wiki/Lokpal
[25] “Executive and Public Administration,” Chapter 6 of the National Commission to Review the Working
of the Constitution (Chairperson: Shri M.N. Venkatachiliah), March 31, 2002
[26] National Common Minimum Programme of the Government of India, May 2004.
http://pib.nic.in/archieve/upareport/upa_3_year_highlights.pdf)
[27] “Ethics in Governance,” Fourth Report of the Second Administrative Reforms Commission, Jan 2007
[28] “GoM on Corruption to Firm Up Lok Pal Bill at the Earliest, Outlook, January 21, 2011.
[29] Source: www.indiatoday.in
