CHAPTER-1

INTRODUCTION

If in the prosperity of the people lies the strength of a government; in their

contentment lies the security and stability of the democracy. 1

Important as the administrative aspect of governance is, the ethical aspect is

vastly more important. In this connection, it has to be borne in mind that it is
very difficult to uncover and bring home misfeasance which is more like an
iceberg with only a tenth part visible to the naked eye. 2

Citizens and the government are considered as two sides of the same coin. Since
the emergence of the civilization, the communication and relationship between
the citizens and government has become the major concern for the policy
makers, jurists and administrators. For an ideal state, the communication and
interaction between them has to be in consonance with the principles laid down
by the policy makers for the betterment of the public as a whole. But in reality,
the communication is plagued with sense of injustice, arbitrariness, abuse of
power and discrimination. The nature and pattern of communication have been a
perpetual source of discussion, inquiry and analysis in the light of accountability
of administrative machinery to the legislature3.

To fulfil the goal of the government and to bridge the gap between the state and
their wards, a special attention was required towards such an institution which
can hear the grudges or grievances of the people and work towards their speedy
disposal. The concept of hearing grievances or complaints is as old as the
civilization. Even during the16 th century, there used to be grievances amongst

1
K.S. Shukla, & S.S. Singh, Lokayukta (Ombudsman in India) A Socio-Legal Study 1
ch-1, 1988.
2
While delivering a lecture in Madras on 11 July 1959 as provided in Monterio, John B;
Corruption; Control of Maladministration; 241, ch-15, 1966.
3
Niranjan Pani, Grievance Management in India : Lokyuktas and Lokpal, 77, ch-3.

1
the people which were to be redressed by the ruler himself or some official
appointed by him.

In the present era, both at the government’s level and at the citizen’s level there
has been a drastic change of outlook. The modern state has become a welfare
state which signifies that a state or a government is to look after the welfare of
the people as its primary goal. Modern state has been given multifarious
functions for the welfare of the public. It has to perform not only the
maintenance of peace and order but also work for the progress and development
of the nation as a whole. With the changing and increasing concept of the
welfare state, its functions are also increasing in every aspect; especially in the
field of administration of government which has necessitated the devolution or
delegation of power to the officials in many matters which affect the daily lives
of the ordinary citizens. This rise and growth of bureaucracy is not limited to a
few countries or continents as it is a human concept which evolves with the need
of the hour. Under the garb of delegated legislation, more and more powers are
being conferred on the administration which resulted in despotism,
maladministration, corruption or abuse/ misuse of power. “Power tends to
corrupt and absolute power corrupts absolutely.” A statement by Lord Acton
which signifies that with the increase in the functions and powers of
administrative authorities, the chances of misuse of power by them also
increases.4

In India, there exists a parliamentary form of government which provides for the
three organs of the government i.e. legislature, executive and judiciary and all of
them have been assigned different functions respectively. The government
functions according to the rules and regulations framed by the legislature which
subject to the parliamentary control. But in true sense of the term, the
administrators frame rules and regulations according to their convenience under
the guise of delegated legislation (law made by an executive authority under

4
Available at : [Link]/phrasedicitionary-meanings-and-origins (visited on
March 15, 2015).

2
powers delegated from by an enactment of primary legislation) with meagre
parliamentary control, which in turn leads toward the misuse of power, leaving
the citizens with no redressal and remedy.

In the above context, redressal is often discriminatory and unfair. As Lord

Shawcross wrote, in the preface to the Whyatt Report:

The man of substance can deal with these situations. He is near

to the establishment; he enjoys the status or posses the
influence which will ensure him the ear of those in authority.
He can afford to pursue such legal remedies as may be
available. But too often the little man, the ordinary humble
citizen, is incapable of asserting himself. 5

In our democratic set up, the prosperity and satisfaction of people is of

paramount consideration, but looking at the present scenario, the grievances of
the people go unheard and they become the victims of administrative vicious
decisions or injustice and left unredressed. The main problem before the
administrative system, therefore, is how to provide the citizen with an alternative
institution with in the democratic framework which enjoys the confidence of the
people and provides for better redressal mechanism. An urgent need to watch
over the government is necessary; therefore the concept of ombudsman is the
solution to the problem of maladministration and corruption. 6

Area of Research

Problem Profile

Corruption is all-pervading. Since time immemorial efforts have been made to

curb and control corruption. The saints and the prophets all over the world
preached virtues, preventing misconduct, irregularity so as to strengthen

5
Whaytt, Sir John, The Citizen and The Administrative (the Redressal of
Grievances), xiii, 1961.
6
Subhash Chandar Gupta, Ombudsman : An Indian Perspective, (Manak Publications (P)
Ltd., 1995).

3
honesty, sincerity and integrity in administration. However, all such efforts seem
to have gone in vain. Even the Judiciary, Parliament and the Executive have not
been successful in controlling them. So, the establishment of the institution of
Ombudsman has become a sine qua non.

Corruption has become a major public concern in the wake of successive scams
unfolding over the past few years. In a country, where millions of people still
suffer from acute poverty, hunger and lack of socio-economic opportunities, the
pillage of public resources through corruption amounts to a crime of very serious
nature. Besides impending economic development, accumulation of ill-gotten
wealth through corruption is widening the inequalities and ruining the moral
fabric of our society. 7

It is not possible to kill or remove the corruption by improving the socio-

economic conditions of the people at large. Because we all know that the most
of the people who are corrupted are not economically or socially backward
rather many of them have affluent social status.

Despite a decade of trying to establish anti-corruption laws and regulations, the

results indicate that much remains to be done before we see meaningful
improvements in the lives of the citizens of our country. Moreover, there are
several limitations on the organs of the government while discharging their
powers. Besides, the internal administrative review of the decisions of
government is not adequate in practice. This necessitates an authority outside the
administrative hierarchy to review their decisions and to check the functioning
of the government as a whole. This authority referred to as above is the
institution of ombudsman. 8

In India, as many as 19 states have adopted ‘Lokayuktas’- a public grievance

redressal institution formed on the basis of Swedish Ombudsman. There has
been considerable delay in this country to evolve the institution of

7
N. Vittal, Corruption in India: The Roadblock to National Prosperity, 47.
8
Ibid.

4
Lokayukta/Lokpal at national level. The politicians, academicians have time and
again expressed their doubts on the functioning and jurisdiction of Lokpal. The
nation has witnessed hot debates on the floor of the House about the vital areas
concerning the institution such as- should Lokpal be given a constitutional status
and also whether Prime Minister is included in its purview?9 The Lokpal bill still
seems to be a distant reality as the Parliament has not come to any definite
conclusion and hitherto a dirty war is going on between the Government and the
supporters of the Jan Lokpal Bill.

Objectives of the Study

This research tries to understand the old problem in a new way i.e. corruption is
an old problem and Lokpal/Lokayukta is a new way. The subject is important in
considering the hurdles in the way of establishing Lokpal at the centre and
effective functioning of the Lokayuktas in the state level. Following are the
objectives of the study:

1. To understand the need and working of the institution of

Ombudsman.

2. To go into the analysis of the reason as to why an appointment of

Lokpal at the centre has been delayed.

3. To examine the proposed Lokpal Bill with Lokpal as sentry of

democracy in the context of citizen’s grievances against
administration as well as their charges against those who hold
power and authority.

4. To examine the role of the proposed Lokpal in handling the

growing corruption.

5. To examine the functions and jurisdiction of Lokayuktas in

different states.

9
Preeti Dilip Pohekar, A Study of Ombudsman System in India, 99.

5
 6. To analyse the emergence and working of Lokayukta in Haryana.

7. To evaluate the overall role of Lokayukta in administrative

structure of Haryana as a safeguard and protector of citizens.

Efforts will be made to realize these objectives in light of the

findings of study. Earnest efforts will also be made to bring out
the weaknesses and limitations of the institution of Ombudsman,
if any, in Indian situation.

Hypotheses

In order to fulfil these objectives, a few workable hypotheses are presented:

 More effective the Lokpal and Lokayukta, the greater is the

possibility of eradicating corruption and maladministration.

 It is only through the appointment of persons of high integrity that

the strong provisions of Lokpal legislation can be made effective.

 The success of Lokayuktas is directly related to the availability of

adequate infrastructure and investigating officers.

 The existing Lokayuktas has not been able to lay effective

redressal machinery for the grievances of the citizens relating
maladministration and corruption.

 The degree of success of Lokpal is directly related with the

passing of the Lokpal Bill, 2011 and its effective implementation.

Research Methodology

The main purpose of the proposed work is to analyse the working of the
institution of Lokpal and Lokayukta to eradicate the menace of corruption and
maladministration. The research will include the origin, evolution and
development of the institution of ombudsman. The methodology which will be
adopted for the present work will be based on both doctrinal and non-doctrinal

6
research. Doctrinal research will include research into legal rules, principles,
concepts and doctrines. This research will involve a systematic analysis and
critical evaluation of legal rules, principles and their inter relationship with
special reference to the texts, reports and other secondary material. In non-
doctrinal research, the data collected of the reports of the Haryana’s Lokayukta
Act will be reviewed. This research will be data based, coming up with
conclusions that are capable of being verified by observation or experiment. In
this research, the researcher will explore social, political and economic
implications of law. The work will be mainly based on the following primary
and secondary published materials: (a) study of existing published government
reports, documentation including debates and discussions in the parliament and
state legislatures (b) study of relevant books, articles and periodicals published
in India and abroad. The researcher will also collect data through interview
method. These interviews will be conducted on the present Lokayukta of
Haryana, complainants and its staff.

The researcher will review various books, journals, magazines, newspapers,

articles and research papers on the subject for the purpose of collecting literature
and data for the study analysis. The researcher will visit various libraries of
different universities and institutes and will also take help from the internet.

Review of Literature

Subhash Chandar Gupta in his book10 has stressed the need of such a
machinery which can effectively control maladministration, corruption or
misuse of powers by the persons in the office. In a parliamentary form of
government, whenever a citizen feels aggrieved by the action of the government,
he can approach the court to get justice and where no action or remedy has been
provided in the courts, then he can approach the representatives of the State in
the Parliament for redressal of his grievance against the administration. It is the
duty of the government to satisfy the needs of general public and should
maintain the harmony between the government and the society. The interests of
10
Subhash Chandar Gupta, Ombudsman : An Indian Perspective, (Manak Publications (P)
Ltd., 1995).

7
the public must be satisfied and promoted by the government and its policies
should be effectively attained with minimum delay.

An emphasis was made on establishing the institution of Lokpal and Lokayuktas

at centre and state level respectively as such an institution would help in curbing
the evils such as maladministration, corruption and nepotism to a great extent
and will provide a protective layer/shield against such evils which are inherent
in the administration. The concept of Scandinavian countries should be adopted
i.e. The Ombudsman Institution must be adopted in India and the Indian
Ombudsman is termed as Lokpal and Lokayukta. Further, this institution should
be made easily approachable and freely accessible. This institution in India
needs to be more people friendly and provide cheap, inexpensive and speedy
justice to the common man as it will not involve the technicalities of law rather
the institution of Lokpal would be introduced with the basic procedures of law.
The object of this study is to find out on agency which can repose the faith of
people in such an agency by providing effective and speedy justice in an
independent and impartial manner. 11

P.D. Pohekar in her book12 considered the good governance to be one of the
basic elements of rule of law which ensures the development of the nation as a
whole. There are certain hindrances in the path of good governance or in other
words, there are certain factors which affect the governance of the country.
These facts are corruption, maladministration, misuse/abuse of process of law
and criminalisation of politics. In her book, again the need was emphasised to
have such an institution which can weed out such facts which comes in a way of
good governance. The institution is called as the Institution of Ombudsman
which has gained widespread significance in Scandinavian countries and is
functioning effectively.

This book focuses on the success of the institution of ombudsman in various

countries and also on the institution of Lokayuktas functioning in various states

11
Ibid.
12
Preeti Dilip Pohekar, A Study of Ombudsman System in India, (Gyan Publishing
House, 2010)

8
in India. After analysing various articles in the newspapers, this book brings out
that the institution of Lokayuktas are working successfully in some states, but
needs more autonomy in their operations to carve out the menace of corruption
and maladministration. As the root cause of all the problems is corruption which
is in existence since time immemorial. Our political system has become a
prisoner of the money and muscle power. The purpose of study is to introduce
the institution of Lokpal to tackle the issue of corruption, as the quality of good
governance depends on two facts; first, is the people who are in charge of
governance and second, is the institutions through which they operate. So, if the
institution is made effective enough to resolve the issue of corruption and
maladministration, the goal of good governance will be achieved. This book also
discuss the other specific institutions that have evolved in our country for
tackling the issues of public grievances in general and corruption in particular
such as Central Vigilance Commission and Central Bureau of Investigation. But
these institutions in one way or the other lacks in maintaining transparency and
accountability. So, the institution of Lokpal needs to make impartial and
independent so that the desired results could be achieved. 13

V. Jagannadham and H.R. Makhija in his book14 made an attempt to suggest

measures to strengthen the existing institutions or machinery which are handling
the grievances of the citizens. The main focus of this book is on to examine and
suggest improvements of such an existing governmental machinery and it
procedures so as to deal effectively with the grievances of the citizens which are
faced bys them in the first instance and that too from the government officials.
However, an attempt has been made to suggest the structure of the institution of
Lokpal and Lokayukta i.e., the procedures and powers of such an institution as
has been recommended by the Administrative Reforms Commission.

13
Ibid.
14
V. Jagannadham and H.R. Makhija, Citizen Administration and Lokpal (S. Chand &
Co., Publications, 1969).

9
M.V. Kamath, Gayatri Pagdi in their book15 describes the ant-corruption
movement started by the activist Sh. Anna Hazare and his demands for Anti-
Corruption Bill i.e. the establishment of the Lokpal Bill. The corruption is
ubiquitous. It has eaten into the edifice of the state. It has pervaded every aspect
of our society including the polity. bureaucracy, judiciary, police, businessmen
etc. Corruption has made our governance hollow. So, a need for such an
institution which can effectively remove corruption from every aspect of human
life was felt all over India and is best described by the movement which was led
in 2011 against corruption and has gained widespread attention all over the
nation and made the government to draft the Lokpal Bill and introduce in both
the Houses of Parliament.

Rajani Ranjan Jha in her book16 focuses on such a governmental set up which
provides security, stability, effectiveness and trustworthiness to the general
public. The need was deeply felt after the second world war, due to the
expansion of the functions of the government, for a strong safety valve to
prevent lapses, omissions, excesses and encroachments by the bureaucracy. Due
to the complex administrative functions the bureaucrats started taking advantage
of undue liberties and violated the norms of natural justice, fairness and all this
proved detrimental to the people at large. The faith and confidence of the people
in the administrative machinery had shaken. It is needed to have such an
effective institution which provides security as well as develop faith of people in
all conditions, because it is the only institution or administrative machinery
which helps in achieving the goal of civilised society, at the same time
government machinery should have strong upholding in all circumstances. It
should not take any undue advantage at the cost of general public.

K.S. Shukla and S.S. Singh in their book17 briefly describes about the
institution of ombudsman and its historical evolution in India. The ombudsman
which proved successful as an institution in various nations was recommended
15
M.V. Kamath, Gayatri Pagdi, Corruption and the Lokpal Bill (2012).
16
Rajani Ranjan Jha, Lokayukta : The Indian Ombudsman (Rishi Publications, 1990).
17
K.S. Shukla and S.S. Singh, Lokayukta, Ombudsman in India : A Socio-Legal Study,
(1988)

10
by the Administrative Reforms Commission (1966 and 2007) to be established
in India, both at central and state level with the names as Lokpal for the Centre
and Lokayuktas for the states. Further, this book provides the functioning of
various lokayuktas in different states. It provides the detailed study of their
operation and people’s response towards such an institution. For India,
ombudsman means greater accountability of the administration and better access
for the common man to grievance resolution.

Justice Sir John Whyatt in his report ‘The Citizen and the Administration, The
Redress of Grievance’ provides the basic framework of the administration of the
government. With the growing complexity of modern state, the functions of the
state are also expanding due to which the intervention of the local central and
local government into the lives of the ordinary citizen inevitably multiply.
Although these interventions are for the benefits of the citizens yet it affects
their rights in varying degrees. As per the report, the man of substance (which
means who possess or enjoys the influential status) can deal with these situations
and can afford to pursue legal remedies for their grievances. But for the little
man, it is not possible to afford such remedies. The suggestion was made in this
report for the establishment of such a system which would not only cover the
whole central government action but that of local government as well and where
even the little man can approach easily and get the redressal for his grievances
arisen due to the faulty administrative system. 18

This Commission was constituted in the year 1966 for reviewing the public
administration system in India. The purpose for the constitution of this
commission was to provide a sense of satisfaction to the people of India and to
retrieve the faith of its citizens in the administration as at that point of time, the
people’s dissatisfaction with the country’s administrative system was escalating.
The main focus of the commission was to thoroughly examine the then prevalent
system of administration and it recommended a two-tier machinery for the
redressal of the grievances of the public against the officials of the

18
First Administrative Reforms Commission, available at : [Link]/iosr-
jhss/papers/vol-2-issue4/[Link]?id=5667 (last visited on June 16, 2012).

11
administration i.e., the bureaucrats. The two-tier machinery as suggested by the
commission was Lokpal and Lokayukta. Lokpal should deal with the complaints
against ministers and secretaries of central government as well as in the states.
Lokayukta will be established at the centre and in the states as well and shall
deal with the complaints against the rest of the officials. Impartiality and
independence should be the main tools of such institutions so that they can
redress the grievances without bias and should enjoy full autonomy in their
respective spheres to achieve the purpose for which these institutions needs to be
established.19

The Second Administrative Reforms Commission headed by Sh. S. Veerappa

Moily in its report 20 raised the need for immediate and comprehensive
evaluation of the administrative system. The commission gave four reports and
the fourth report which was released on 12 February, 2007 was named as ‘Ethics
in Governance’ which recommended greater transparency, accountability and
ethical behaviour in politics, judiciary and administration. This commission
emphasized on the need for the institution of Lokpal which can achieve
proactive, responsive, sustainable and efficient administration at all the levels of
the government. This institution should be made citizen-centric and be renamed
as ‘Rashtriya Lokayukta’. Main recommendations of this commission are as
follows:-

This institution of Lokpal i.e. National Ombudsman or Rashtriya

Lokayukta be given constitutional status with regard to the
jurisdiction of the Lokpal – it shall include all Union Ministers
except the Prime Minister, all Chief Ministers. The commission
further recommended about the Lokayuktas which are functioning
in different states that an amendment should be made in the
Constitution of India which shall incorporate the provision of
making it obligatory on the part of the state governments to
19
Ibid.
20
The Second Administrative Reforms Commission report, available at :
[Link] [Link] (last visited on
August 24, 2014)

12
 establish the institution of Lokayuktas in respective states. It shall
cover all cases of corruption against the Ministers and Members of
Legislative Assembly. Another recommendation was for the
establishment of Ombudsman at local levels for group of certain
districts to investigate the cases of corruption and
maladministration against such functionaries of local body and
submit its report.21

The setting up of National Judicial Council for the purpose of appointments of

Supreme Court and High Court judges by amending Articles 124 and 127 of the
constitution was also suggested. With regard to the composition, powers and
jurisdiction of the council, the Commission laid down the guidelines to be
followed. All these bodies which was recommended by the Administrative
Reforms Commission was for curbing the menace of corruption and
maladministration as these evils have become unbearable for the society and it
needs to be curtailed and citizens should be made aware of their basic rights so
that they can raise their voices against such evils without any fear and get their
grievances redressed by the machinery established for this purpose. It becomes
morally and legally important to establish the institution of Lokpal and
Lokayukta as the basic machinery for the redressal of the grievances of general
public against the officials of the government who are indulged in corrupt
practices.22

John B. Monterio, Sadhan Kumar Samanta and C. Rajkumar in their

books23 mentioned that corruption has deeply rooted its tentacles in all spheres
of life and it has painted the fabric of Indian society in such a manner that the
moral values and socio-economic structure of country has badly affected in
varying degrees and the responsible factor for this menace is government

21
Ibid.
22
Ibid.
23
John B. Monterio, Corruption : Control of Maladministration (Manaktlas, Bombay,
1966), C. Rajkumar, Corruption and Human Rights in India (Oxford University Press,
2011) and Sadhan Kumar Samanta, Corruption in India : A Case for the Ombudsman
(2003).

13
agencies, as they do not pay any heed to its depth because of their own
temptations and selfishness of satisfying themselves at the cost of general
masses and credibility of nation. In other words, political corruption and misuse
of powers by people occupying public offices are solely responsible for
increasing the complexities of society.

Further more, governmental corruption is not new, it is found in all forms of

bureaucracy and in all periods of political advancement. However, the problem
of corruption is nor unsolvable puzzle as it is evident, countries like America,
England and Scandinavian, who were cesspools of corruption in the past, have
succeeded in eliminating corruption or maladministration by adopting the
correct and preventive measure after knowing the anatomy of corruption in their
society. Therefore, it is imperative for developing countries like India, to
identify the form of corruption and its causes at its roots level and take
corrective measures to improve its tribunal system by amending constitution, so
that standing tribunal could be strengthened and can be transformed to impartial,
comprehensive, rational as well flexible agency to deal with corruption and
maladministration so that we can have impeccable public officials and virtuous
citizens no more to be a distant dream. 24

K.C. Wheare in his book25 begins with a comprehensive survey of

maladministration which can be observed in the actions of the officials of both
central and local governments. The main focus in this book is on remedying or
preventing the maladministration by the institutions which are already in
existence such as Courts of Law including Tribunals. A comparative analysis
has been made with other countries particularly with respect to the institutions
functioning in Europe. It further discusses as how the civil servants should be
recruited and organised so that they can provide effectiveness to the
administrative system and can act impartially. Due to the concept of delegated
legislation, the powers and workload of the officials has increased which makes
the functioning of the government complex and it will lead to maladministration.

24
Ibid.
25
K.C. Wheare, Maladministration and its Remedies, (Steven Publications, 1973).

14
So, the need is felt for such an institution which can deal with maladministration
and provides remedies to the citizens aggrieved. Such an institution is known as
Ombudsman which is successful in many other countries specially in
Scandinavian countries.

Donald C. Rowat’s book26 is concerned with the institution of ombudsman in

Sweden which serves as a check against the abuses of administrative power.
Ombudsman can arouse the confidence of the people in a democratic
government. According to author, the institution of Ombudsman is a safeguard
against the officials engaged in corruption and other forms of irregularities such
as abuse/misuse of process of law. The executive is under the supervision of
ombudsman, but judiciary is kept out of its purview. However, in Sweden and
Finland, ombudsman can directly supervise the pattern and procedure followed
by the judges. This safeguard of citizens does not also include in its ambit, the
functioning and working of courts.

Conclusion

The main focus of the study is on the establishment of the institution of Lokpal
and Lokayuktas which can serve as a weapon/tool to tackle the problems of
corruption and maladministration and provides an efficient and effective
redressal mechanism so that the faith of the people of India should be reposed in
the Indian administrative system.

Importance of the Subject

In creating the ombudsman type of an institution in India we can profitably draw

upon the traditional values. The Institution of Lokpal can act to bridge the gulf
between the people and the administration. It will also help the citizens to
redress their grievances in a speedy and effective manner. This institution will
further help in removing the inefficiencies in the administration as a whole and
would try to kill corruption in its inception. Lokpal institution will work on

26
Donald C. Rowat, The Ombudsman : Citizens Defender (University of Toronto Press,
1965).

15
behalf of citizens of India to protect their interests from abuse of public office at
the level of central and state governments respectively.

TENTATIVE CHAPTERIZATION

Chapter 1: Introduction

 Concept of Ombudsman

 History & Overview of Ombudsman system in Sweden.

 Historical Evolution of Lokpal in India

Chapter 2: Contours of Ombudsman

 Maladministration: Its Components, meaning, delay in

decision, institutional inefficiency and its remedies.

 Governance: Its Meaning, features of good governance,

philosophical foundation, current thinking on it and the
redressal machinery under Lokpal.

 Corruption: Reasons/causes, factors underlying corruption,

its magnitude, administrative measures to combat it and its
remedial measures.

Chapter 3: Ombudsman in Comparative and International Perspective

 Sweden

 U.K.

 Finland

 Denmark

 Norway

Chapter 4: Institutions of Lokayauktas in India with specific/special

reference to the functioning of the State of Haryana

16
  Composition

 Jurisdiction

 Functions and Decisions of Lokayuktas

 Examination of Reports of Lokayuktas in the State of

Haryana

 Critical Analysis

Chapter 5: A Critique of Lokpal Bills in India From 1968-2001

 A.R.C. (Administrative Reports Commission) Reports

 Other Commissions

Chapter 6: Issues and Challenges under the Proposed Lokpal Bill, 2011

 Features

 Difference between Jan Lokpal and Lokpal Bill

 Critical Analysis of 48 th Report

Chapter 7: Conclusion and Suggestions

Chapter 1 : Introduction

The introductory chapter will cover the genesis of the institution of ombudsman
with special emphasis on the evolution of the institution of ombudsman at
international level as well as in India and what was the need for such type of an
institution.

Ombudsman means a commissioner or an agent. In 1809, the office of

Riskdagens (Parliament) created Justitie Ombudsman to look after the interest of
justice in the affairs between the government and the citizens. In other words,
the ombudsman as an institution first appeared in Sweden as ‘Parliamentary
Supervisor’, referring to ‘a Parliament-nominated commissioner of relative

17
independent standing empowered to investigate complaints by citizens and
watch for illegal or unreasonable behaviour by administrative agencies or public
servants’.27

As India gained independence from Britain on 15 th august 1947, the Constitution

of India became officially effective on 26 th January 1950 which provided for a
Parliamentary democratic regime. However, India didn’t entirely evolve into a
modern democratic state as it suffered from rampant corruption following
independence owing to many social, political, historical, cultural and religious
factors and entanglements. In order to curb corruption, India has made great
efforts in legislative, judicial and administrative supervision. 28

From legislation to organisation, the Indian government has implemented

measures to check and detect corruption, with appropriate penalties; various
commissions and statues have been established by the Indian government. So,
the idea of ombudsman likes independent institution to look into the
administrative faults/maladministration and the public grievance is 43years old
and it has chequered history. The establishment for the institution of an
ombudsman has become a sine qua non to curb out the inefficiencies in the
administration.

Chapter 2 : Contours of Ombudsman

In this chapter, the emphasis will be laid down on the concept of

maladministration, corruption and good governance under the Indian set up over
a period of time. This chapter will also look at how an effective ombudsman
could be created with appropriate jurisdiction to function effectively and
efficiently, to curb corruption, maladministration and abuse of power by the
administrative organ of the government. In this research an attempt will be made
to describe what kind of ombudsman is needed for India to ensure good
governance in a democratic polity. Further this chapter is divided into 3 sections:

27
Hallen, Der Schwedische, Justite Ombudsman Zurich, 34.
28
Comparative Study of Ombudsman Systems of Asia – Research work sponsored by
Commission Against Corruption of Macao and Macao Foundation.

18
 1. The first section deals with the concept of maladministration and
its institutional inefficiency;

2. The second section deals with the system of governance and its
impact over the institution of ombudsman;

3. The third section reviews the system of corruption as a whole in

the administrative set up.

Maladministration

Maladministration refers to malafide exercise of powers or dishonest

management of public affairs. It is opposed to the efficient and service oriented
administration that is expected of the public servants as servants of the people in
a democratic polity.

Governance

Democracy and Good Governance are two intermingled terms, if democracy can
establish its objectives that it thrives for. Again, without good governance,
democracy would be hollow within or at best more formal than real. Democratic
government by itself does not guarantee good governance, unless it ensures
accountability and transparency for their actions and policies to the people at
large. For democratic government to be capable of attaining the objectives of
good governance, a constant control, both political and legal, are imposed on the
functionaries of the government. The institution of ombudsman as a control
mechanism of Parliament aims at restricting administrative excess and ensuring
fair play in the exercise of administrative powers. For the citizens in democratic
states, it is vital that all the powers of State should be exercised in a way
comfortable to their ideas of liberty, fair dealing and good administration.29

29
H.W.R. Wade, Administrative Law, 485.

19
Corruption

All societies face the problem of official corruption in one way or the
other and at almost all the levels of the government. It taints every section of
society and stretches right across the political spectrum. Corruption takes place
both at political and bureaucratic levels. Corruption in India is a dysfunctional
outcome of the interaction between the public and the private. This action
includes corruption, bribery, nepotism etc.

Chapter 3 : Ombudsman in Comparative and International Perspective

This chapter will trace a brief outline of the ombudsman system in the countries
in Britain and Scandinavian Countries with a view to provide a general guideline
for the legislators and policy-makers in India to frame an ombudsman act in the
proper perspective. So the incorporation of this chapter in this research is not an
end in itself, but a means to an end of providing experience and guidelines for
the legislators in India to make appropriate legislation on the institution of
ombudsman.

The Swedish Ombudsman

Sweden has given birth to the concept of ombudsman. Swedish ombudsman is a

world classic institution which is independent, impartial and economically viable
in terms of seeking help on corrupt practices. 30 Hence, it has inspired confidence
in public that the protector of people’s rights at their back. The unique feature of
ombudsman system in Sweden is that, its decisions and documents are open to
the public which is a sign of public orientation of the institution.

Sweden being a true democratic country, where ombudsman is elected and

removed by the Parliament. He has a term of four years and it is not responsible
to the cabinet.

30
Gelhorn Walter, Ombudsman & Others, 25.

20
The Ombudsman in the United Kingdom

The term ‘Ombudsman’ is from Scandinavian origin, and can be translated as

‘grievance man’ or ‘complaints officer’. Such an official has existed in Sweden
since 1809, but during the twentieth century ombudsman have appeared in
various other countries. The genesis of the British Ombudsman is usually
attributed to the Wyatt Report (1961), and also referred to as “Justice
Committee” Report although the proposal was actually implemented by the
Parliamentary Commissioner Act, 1967. 31

The Danish Ombudsman

The institution of the Danish Ombudsman had its origin in the Scandinavian
social structure of the [Link] proposal to appoint an ombudsman marks a
new departure in Danish Law. In 1953, the Danish Constitution included a
provision that the Folketing (Parliament) should elect at least one ombudsman.
The Danish Ombudsman occupies a position midway between the folketing, the
civil service and the Ministers, and the citizen. With the limited legal power
assigned to him, it is his task to ensure the ‘proper exercise’ of administrative
powers.

However, after some years of its formation, the Presidents of major

organizations expressed their opinion in favour of ombudsman.

“. . . In the beginning, we were suspicious. As a matter of

fact, we were scared. But we have found that we were
mistaken”.32

The ombudsman’s work proved like a tonic for the Danish public administration.

31
Greenwood and David Wilson, Public Administration in Britain Today: Routeledge,
310.
32
Gelhorn Walter, Ombudsman & Others, 55.

21
The Ombudsman of Finland

Finland is the least corrupt country in the world. This small and thinly populated
country gives a lesson for need of a bold and fair initiative of citizen’s guardian.
It makes the idea of ombudsman popular in the democratic world. Finland was
separated from Sweden in 1809 and was attached to the Russian empire. To
prevent public officials’ interference in citizen rights, there was a need of super
administrative authority. Finland created such authority as ‘procurement’ on the
background of Sweden’s ‘Chancellor of Justice’. 33

The Ombudsman of Norway

Norway is the smallest Scandinavian country that has successfully adopted the
ombudsman institute. After the Second World War, Norway needed machinery
for administrative development. By the Storting’s (Parliament in Norway)
resolution the ombudsman was created for objectors on November 23, 1956. 34
Ombudsman in Norway was formed to protect the interests of the individual
from the administration. The Norwegian ombudsman makes the public
administration to follow up its laws and regulations.

Chapter 4 : Institution of Lokayuktas in India with specific reference to the

State of Haryana

This chapter will cover the system of Lokayuktas at the state level working for
the last 43 years in various states of Union of India. The rising incidents and
magnitude of corruption in the country, has given an impetus to this process
resulting in the enactment of Lokayuktas in one after the other states. In this
chapter, the Lokayuktas functioning in the 19 states will be discussed in detail.
Though the functioning of the Lokayuktas in all the states is more or less similar
but the researcher will specifically emphasize on the functioning and working of
the Lokayukta in Haryana. In this chapter the functioning of Lokayukta in

33
Donald Rowat, The Ombudsman Finland’s Guardians of Law, 54.
34
Available at : [Link] (visited on March 25, 2014)

22
Haryana will be discussed in detail. The composition, tenure and the process of
appointing Lokayukta in the bill will be reviewed.

Following is the brief account of emergence of Lokayuktas in the states:

Orissa

Orissa is the first state, which has passed the Lokayukta Bill. The Lokpal and
Lokayukta Act, 1970 was passed on 28 th October 1970 and started its
implementation in 1983. In Orissa, as per the Act, Lokpal is the head of the
institute to curb corruption, maladministration and nepotism. The Lokayukta is
the second one after the Lokpal. Thus, there are two persons in the office of the
Lokayukta.35

Maharashtra

Maharashtra is the second state that passed the act and the first state that
implemented the Lokayukta institution at state level. Maharashtra has Lokayukta
and Upa-Lokayukta Act which was passed on 10 th December 1971. This act
excludes the post of Chief Minister and the Co-operative sector from its
jurisdiction. Lokayukta as functioning in Maharashtra helps and controls the
process of government and governmental organizations.

Rajasthan

The Administrative Reforms Committee, Rajasthan recommended in September

1963 for the appointment of an independent and high powered body in the
nature of ombudsman. Rajasthan Administrative Reforms Commission was the
first to speak on ombudsman in India. 36 The Rajasthan Lokayukta and Upa-
Lokayukta Act, 1973 was passed on 28 th August, 1973.

35
Dr. D.R. Saxena, Ombudsman (Lokpal: Redress of Citizen’s Grievance in India),
375.
36
Giridhar Sharma, Implementation of Ombudsman Plan in India, 25.

23
Bihar

Bihar constituted ‘Lokayukta’ on May 28, 1973 termed as Bihar Lokayukta Act,
1973. The Chief Minister was excluded from the act earlier but by an
amendment made in April, he was included. Bihar Lokayukta has to submit his
annual report to the chief minister and governor. Both of them send their
comments on its reports, which are confidential in nature. Then the report is
submitted to the house.37

Uttar Pradesh

The Uttar Pradesh Lokayukta and Upa- Lokayukta Act was passed in 1975. The
Uttar Pradesh Lokayukta can operate for the ministers, public servants, all
government officials at the district and at the local level; however, the chief
minister is excluded from its jurisdiction.

Andhra Pradesh

With the passing of the Andhra Pradesh Lokayukta and Upa- Lokayaukta Act,
1981; the state government in Andhra Pradesh adopted Lokayaukta on
September 4, 1982. Lokayukta has its own investigating wing in Andhra Pradesh
and so far the jurisdiction is concerned, the chief minister is excluded from is
purview. Moreover, Lokayukta cannot deal with All India public servants. 38

Gujarat

The ‘Gujarat Lokayukta and Upa – Lokayukta Bill, 1974 was introduced in the
Gujarat legislative assembly and could not be passed. But in 1983, the then chief
minister announced the decision of the government to appoint the Lokayukta.
According to the Gujarat Lokayukta Act 1986, the state has appointed the
Lokayukta to curb corruption and maladministration.

37
Ibid.
38
Available at : [Link] (visited on February 14, 2015).

24
Himachal Pradesh

The Himachal Pradesh Lokayukta and Upa – Lokayukta Bill was introduced in
1975, but it was lapsed. In 1983, the Himachal Lokayukta Act was finally
passed. In general, Lokayuktas deals with the complaints of citizens against civil
servants but in Himachal Pradesh, the civil servants can also complaint under the
Act.39

Assam

Assam state government enacted Assam Lokayukta and Upa – Lokayukta Act,
1985. The Assam government was trying to achieve for a clean administration
through the office of Lokayukta.

Madhya Pradesh

Lokayukta and Upa- Lokayukta Bill, 1974 was passed by Madhya Pradesh
Assembly in April 1975 and was forwarded to the President. Finally, after
hardships the Bill came into force on 16 th September, 1981 namely the Madhya
Pradesh Lokayukta and Upa- Lokayukta Abhiyan, 1981. According to this Act,
the chief minister was not included in its jurisdiction. 40

Karnataka

The Lokayukta and Upa – Lokayukta Bill in the Karnataka Assembly was
introduced on March 28, 1983 and was enacted on January 16, 1986. The chief
minister and public servants are accountable to Lokayukta but MLAs are not
included in its jurisdiction. But later on, MLAs were brought under Lokayukta’s
purview.

Kerala

The Administrative Reforms Committee, Kerala longback in its report

(1965-67) says:

39
Mary Parmar, Lokayukta, 76.
40
Indian Journal of Public Administration, Vol. XXXV No. 1-177-179, (January-March,
1989).

25
 “Indiscipline among Government servants has been
sweeping the State”. The report emphasizes the importance
of integrity and efficiency at all levels as basic to good
administration.41 Kerala is an example of two – tier
Ombudsman ship. The Kerala Ombudsman can deal with the
public servants including the President, Chairpersons, all the
members, secretaries and other staff of the local government.

Goa

Goa titled act as ‘Goa Public Men’s Corruption (Investigation and Enquires)
Act. The act includes chief minister, ministers, leaders and officers. The Act
includes the complaints of corruption but does not include the grievances and
allegations of maladministration.

Punjab

In 1992, ‘The Lokpal Bill’ was passed in Punjab. An Act was passed to secure
proper investigation of enquiry against public men and thereby ensuring
eradication of corruption adherence to the rule of law by observing rules of
natural justice. Chief Minister is included in its purview. The Lokpal shall not
enquire into any complaint suo moto. The Lokpal shall present annually to the
governor a consolidated report on the administration.

Haryana

This Act came into force on 27 th January, 2003 by state government notification
in the official gazette. This Act provide for the appointment and functions of a
Lokayukta for inquiry and investigation into the allegations of corruption and
grievances against public servants. Under this act, only the person, who himself
is aggrieved from any public servant, has the right to knock the door of this
institution.42

41
K. Rajasekharan, Ombudsman for Local Government in Kerala, 55.
42
Haryana Lokayukta Act, 2002.

26
The Haryana Lokayukta Act, 2002 was approved by the President of India on
January 6, 2002 and came into force on January 27, 2003 by State Government
Notification in the Official Gazette.

Under this Act, only the person who himself is aggrieved from any public
servant has a right to knock the door of this institution. In case of complaints
relating to the allegation of corruption, abuse or misuse of official position
against a public servant, any person could file a complaint.

Delhi

Delhi has both Lokayukta and Upa – Lokayukta Act, 1995 as passed by the
legislative assembly of the national capital territory of Delhi. This act has been
made to inquire into the allegations against public functionaries. The Lokayukta
and Upa- Lokayukta shall not be a Member of Parliament or a Member of the
Legislature of any state or union territory. The Chief Minister is included in its
purview.43

Chhattisgarh

Chhattisgarh’s Lokayukta is titled as ‘Chhattisgarh Lok Aay Adhyadesh 2002’.

Lok Aayog was constituted for the purpose of conducting inquires in accordance
with the provisions of the ordinance. The chief minister is included in its
jurisdiction and the report in respect of chief minister shall be sent to governor
for the action to be taken. This Aayog shall inquire into the allegations against
ministers, Parliamentary secretaries and public servants.44

Jharkhand

Jharkhand Lokayukta act was enacted in the year 2001. It became functional on
4th December 2004 after a former judge of Jharkhand high court, Justice Laxman
Oraon was appointed as the first Lokayukta of Jharkhand. The chief minister is

43
The Delhi Lokayukta & Upa – Lokayukta Act, 1995.
44
Chhattisgarh Lok Aayog Adyadesh, 2002.

27
not included in its purview. The Lokayukta of Jharkhand shall present annually a
consolidated report on the performance of its functions.

Uttrakhand

Uttrakhand Lokayukta’s titled as ‘Uttrakhand Lokayukta Act, 2011.’To establish

an independent authority to investigate offences under the Prevention of
Corruption Act, 1988 so as to detect corruption by expeditious investigation and
redressal of certain types of public grievances and to provide protection to
whistle blowers. The chief minister is included in its purview and all the
ministers in the council of ministers of Uttrakhand state and members of
Legislative assembly; it shall not include the judges of the High Court. 45

In this chapter, Lokayukta as functioning in the state of Haryana will be

discussed in detail. To begin with how the Lokpal Bill was passed and its
composition, tenure and its process of appointing the Lokayukta etc will be
reviewed. Its actual functioning, problems, difficulties and its annual reports will
be taken into consideration in this chapter.

Chapter 5 : A Critique of Lokpal Bills in India from 1968 - 2001

Ever since Independence, India is committed to secure the life, property and
freedom of citizens. It is necessary to make administrative apparatus effective,
responsive and sensitive to fulfil the objectives given in the Constitution. In
order to achieve these objectives with a view to streamline administration in this
direction, various efforts have been undertaken. Some of them are primarily
concerned with the administrative reforms and supplementing the existing
judiciary.

So, it has become necessary in this chapter, to study the system of Lokpal and
Lokayukta’s working for the last 43 years in the Indian scenario. It will also look
upon as why the Lokpal Bills’ progress has met with setbacks and why it has
been delayed for so long. This chapter will discuss the Lokpal bills and its

45
Uttrakhand Lokayukta Act, 2011.

28
deliberations. The Lokpal Bills were introduced in the Lok Sabha for several
times starting from 1968 till hitherto. But everytime an attempt to pass the bill
proved unsuccessful. Further, the reports of the various other commissions (such
as Sanatham Committee on Prevention of Corruption in 1964) will be taken into
consideration.

Chapter 6 : Issues and Challenges under the proposed Lokpal Bill, 2011

The Lokayukta is an anti-government corruption organisation in the Indian

states. These institutions are based on the Ombudsman model of Scandinavia
countries. An amendment to the Constitution has been proposed to implement
the Lokayukta uniformity across Indian states as a three member body, headed
by a retired Supreme Court judge or High Court Chief Justice, and comprise of
the state vigilance commissioner and a jurist or an eminent administrator as
other members.

Social welfare worker, Anna Hazare has led a movement to compel the Indian
Government to notify the committee for implementation of the Lokayukta and
Lokpal against corruption as an independent body and also giving enough
powers to both the institution (Lokpal and Lokayukta) to receive corruption
complaints against politicians, bureaucrats and even sitting judges.

This social worker is stressing for an Act which can create effective anti
corruption and grievance redressal systems at the centre so that effective
deterrent is created against corruption and also to provide protection to whistle
blowers. The 2011 anti-corruption movement is emphasising on the
establishment of a proposed bill, called the Jan Lokpal Bill, 2011. The Jan
Lokpal Bill, also referred to as the citizen’s Ombudsman Bill, is a proposal to
establish an independent body to investigate the cases of corruption and to
ensure speedy justice. Due to prolonged protests, the Bill was presented to the
Lok Sabha on December 9, 2011 and the Parliament of India gave its 48 th Report
on the Bill with certain recommendations but till now, Bill has not yet been
passed by the Parliament.

29
In this chapter, an attempt will be made to analyse the Lokpal Bill 2011 and its
impact on the government of India the issues and challenges in implementing the
legislation in the present form will be highlighted in this chapter. This chapter
will also cover the basic features of Lokpal bill and its difference between Jan
Lokpal Bill and Lokpal bill and it will also include the critical appraisal and the
examination of the 48th report of Parliament.

IMPORTANCE OF THE INSTITUTION OF LOKPAL: The idea of such an

institution which can look into the complaints of the citizens and redress their
grievances emerged due to widespread corruption and mal-administration in
various government departments and due to the political instability of the
country. Further, due to population explosion, the functions of the government
are expanding day by day which in turn leads to the expansion of the discretion
of the officials or bureaucrats in the administrative departments. With the setting
in of modern era, increase in governmental or administrative functions has led to
the growth of delegated legislation. Due to the widening concept of delegated
legislation, the problem of maladministration and corruption has reached its
zenith and needs to be regulated by a complaint handling mechanism or statutory
control mechanism called ombudsman; this further connotes a person or
representative of people or commissioner who can handle complaints or
grievances against these government departments and other public bodies with
full vigour and provide for their speedy disposal. 46

The need for this important institution is much more pronounced in the least
developed countries of Asia. The institution of ombudsman or the parliamentary
commissioner is gaining recognition as a powerful institution for redressing the
citizen’s complaints arising from the callousness of the administrative
machinery or the transgression by it of individual’s rights. The institution is also
useful in focusing attention on the improvement of administrative procedure
through continuous criticism of the working of the bureaucratic system as

46
Subhash Chandar Gupta, Ombudsman : An Indian Perspective, (Manak Publications (P)
Ltd., 1995).

30
revealed in the inquiries instituted by the ombudsman on the citizen’s
complaints or even suomoto.47

In the year 1809 Sweden became the first nation to establish the institution of
ombudsman. This institution of ombudsman gained widespread significance in
other Scandinavian countries like Norway, Denmark, and Finland. The Swedish
model of ombudsman was provided with comprehensive authorities and powers.
It was the duty or the prime concern of ombudsman to look into corruption,
misuse of discretion, abuse of process of law, nepotism and inefficiency as it
was an institution established by the legislature for that purpose.48

The institution of Ombudsman owes its origin from Sweden, however, its traces
may be found in ancient history. In this regard, Dr. Pickle, Director General of
the Austrian Ombudsman’s Office has made the following observation in his
renowned paper “The Ombudsman and Administrative Reforms.” 49

“Institution to investigate complaints can only be seen in the

context of public administration; hence the history of
ombudsman is also the history of public administration as a
whole. It can be traced from the verses of the Koran; where
the term ‘administration’ is not used, but in many of its
verses the principles of political and administrative system
are expounded. Justice was considered as one of the basic
tenet of Islamic Ideology.”

Before the emergence of Prophet Muhammad, there was no administration in

the proper sense of the term. It was the prophet who first introduced
administrative authorities. He appointed governors of the provinces, Judges and
tax collector. They were all accountable to the prophet. It was Omar, the Second

47
S.C. Gupta, Ombudsman-An Indian Perspective, 11, ch-2, 1995.
48
Available at : [Link]
lokpal/[Link] (visited on September 12, 2014).
49
Available at : [Link]/bokhari/[Link] (visited on August 16,
2015).

31
Caliph of Islam, who created the institution of Mohtasib (Mohtasib means a
person, who conducts accountability. He used to be the guardian of public
morals in many fields of life, especially in the towns and above all in the market
place. He was the market supervisor, the sahib as-sup as well as the settler of
disputes). He enjoyed complete independence and worked within the framework
of an institution called ‘hisbah’. Its role was to ensure the observance of
religious principles in daily life. In Egypt in this institution existed up to the
middle of the 19th century. An interesting fact in this context is that the
institution of ‘hisbah’ and its functions was also adopted by the Crusaders’ in
Jerusalem’.50

During his exile in turkey, the king of Sweden, Charles XII, observed the
working of Dewan-i-Mazalim. On restoration, the King ordered to establish a
similar institution in Sweden. In 1697, when he was only 15 years old, Charles
XII became king of Sweden. For the next 17 years, however, Charles was out of
the country fighting wars, mostly against Russia. During this time, because he
was away from the country, Charles signed a law creating an office called the
king’s highest Ombudsman. The job of the king’s Highest Ombudsman was to
make sure that while the king was away the government workers, Judges, and
the military were acting properly and following the rules the king had left for
them. When the wars were over and the king returned to Sweden, the office of
the Ombudsman disappeared for several decades, but it was not forgotten51.

About a hundred years later, in 1809, Sweden had a different king bit it was still
fighting wars with Russia. In fact, the king had been imprisoned by the Russian
Army .Without a king to make final decisions and settle disputes; the Swedish
Parliament brought back the idea of the Ombudsman. It was framed during
discussions in the parliamentary committee, when the nation was at war, was
drafting the new Constitution for adoption by Parliament. Regarding the new
office , the committee announced that the general and individual rights of the
people should be protected by the guardian appointed by a Parliament , who
50
Ibid.
51
Ibid.

32
should meet the Judges and other officials and followed the laws The
Ombudsman formally Known as Justitie Ombudsman was appointed in 1809
and was responsible to parliament and his job was to protect the rights of
citizens against unfair or oppressive decisions of the bureaucracy . His name
was Lars Augustin Mannerheim.52

The appointment of this parliamentary ombudsman in Sweden in 1809 is

generally regarded as the birth date of the modern ombudsman. Most of the
Public or parliamentary ombudsmen around the world are modelled on
circumstances prevailing in Sweden in 1809. A common definition that is
accepted today says that a public or parliamentary ombudsman is “A Public
official appointed by the legislature to receive and investigate citizen complaints
against administrative acts of government”53.

Sweden has constitutional monarchy form of government where the king

exercises almost all important governmental decisions with the approval of his
cabinet but it no longer exercises political power over its people. Article 96 of
the Swedish Constitution lays down that ombudsman acts as a representative of
the Parliament and should supervise the observance of the laws and status as
they may be applied by the court and by public officials and employees. The
justitie ombudsman is independent of the government and of the Parliament;
howsoever has to enjoy its independence with reasonable restrictions. 54

Various Titles used for Ombudsman

Different terms have been use to represent the office of ombudsman in various
countries. The titles adopted by various countries connote diversity of shades
and focus of ombudsman office. For example, Edensor del pueblo is the title of
the ombudsman office in a number of Spanish speaking countries i.e. Spain,
Argentina, Peru and Colombia. There is Parliamentary Commissioner for
Administration in Sri lanka, United Kingdom, Mediateur de la republique in
52
Ibid.
53
Ibid.
54
S.C. Gupta, Ombudsman- An Indian Perspective, 3-4, ch-3, 1995.

33
France, Gabon, Mauritania, Senegal, Public Protector in South Africa,
Protecteur du citoyen in Quebec, Volksanwaltschaft in Austria, Public
Compliant Commission in Nigeria, Provedor de Justica in Portugal, Difensore
Civico in Italy , Investigator-General in Zambia, Citizen’s Aide in Iowa, Wafaqi
Mohtasib in Pakistan, Lokpal and Lokayukta in India an Board of Grievances in
Saudi Arabia . In a number of countries, the protection of human rights is one of
the major purposes of the ombudsman office and this is often reflected in the
name of the office. For example in Guatemala Ombudsman is known as
Procurador de los Derechos Humanos (Counsel of Human Rights) In EI
Salvador as the Procurador para la Defensa de los Derechos Humanos
(National Commission of Human rights) and in Mexico as Commission
Nacional de Derechos Humanos (National Commission of Human rights). Other
national level examples includes , Plenipotentiary for Human rights in Russia ,
the Commission on Human Rights and Administrative Justice of Ghana , the
Civil rights Protector of Poland , the Human Rights ombudsman of Slovenia
and the Parliamentary Commissioner for Human Rights in Hungary . The
Modus Operandi of Ombudsmen, therefore varies enormously from impartial
investigator to enabler-facilitator and broker- negotiator to citizen-advocate.55

Meaning of Ombudsman

Etymologically the Swedish word ‘ombud’ refers to a person who acts as a

spokesman or representative of another person. In Swedish public law, however,
Ombudsman means an appointee of the Parliament of Sweden for the
supervision of the administration. It is in the Swedish sense the word
ombudsman has been commonly used. The word Ombudsman is originated from
Sweden, a Germanic language in the same family as English, and man in
Swedish corresponds to our word man. Ombud means "commissioner or agent,"
coming from Old Norse umbodh, "charge, commission, administration by a
delegacy," umbodh being made up of um, "regarding," and bodh, "command." In
Old Norse an umbodhsmadhr was a "trusty manager, commissioner." In Sweden,

55
Available at : [Link]/ombudsman (visited on June 26, 2014).

34
an ombudsman is a deputy who looked after the interests and legal affairs of a
group such as a trade union or business. In 1809 the office of riksdagens justitie
ombudsman was created to act as an agent of justice, that is, to look after the
interests of justice in affairs between the government and its citizens 56.
Recently, however, an effort has been made to standardize the meaning of the
term Ombudsman. Stressing the need of the uniformity in the use of the term
ombudsman , the Ombudsman Committee of the International Bar Association,
hereinafter referred to as IBA, has suggested that the term be employed only to
refer to those grievance handling mechanisms which come within the scope of
the definition as they have suggested. According to IBA,

An ombudsman institution is,

An office provided for by the constitution or by action of the

legislature or parliament and headed by an independent, high
level public official who is responsible to the legislature or
Parliament who receive complaints from the aggrieved persons
against government agencies, officials an employees or who acts
on his own motion and who has power to investigate
recommended corrective action and issue reports. 57

Ombudsman is defined as “a legislative commission for the investigation of

citizen’s complaint of bureaucratic abuse.” 58

H.W.R Wade describes Ombudsman as “an important adjunct to the machinery

of government” calling him “an ally of an independent judiciary and legal
profession” and declares that “he can be fitted into almost any term of
democratic Constitution.”59

56
Available at : [Link]/ombudsman (visited on June 26, 2014).
57
Ibid.
58
S.V. Anderson, Ombudsman, in Encyclopedia Britanica, 1968.
59
[Link], “Lokpal- The Proposed Indian Ombudsman,” 9 JILI 136 (1967).

35
According to thirty second American Assembly Report, “Ombudsman is an
independent high level officer, who receives complaints, pursues inquires into
the matter and who makes recommendations for suitable action. He may also
investigate on his own motion. He makes public the periodic reports. His
remedial weapons are persuasion, criticism and publicity. He cannot as a matter
of law reverse the administrative action.

Efforts have been initiated to standardize the meaning of term ‘ombudsman’.

Stressing on the need for uniformity in the use of the term ombudsman, the
committee of the internal bar action resolved in 1974, that the term be employed
only to refer these grievance-handling mechanisms which fall within the scope
of the following definition.

An office provided for by the constitution or by the action of the legislature or

Parliament or headed by an independent, high – level public official who is
responsible to the legislature or parliament, who receives complaints from
aggrieved persons against government agencies, officials and employees or who
acts on his own motion, and who has the power to investigate, recommend
correct action and issue reports. 60

Gerald E. Caiden in the International Handbook of the Ombudsman, Vol. I ,

Evolution and Present Function , ( 1983) has defined ombudsman broadly as :

A special office or officer to whom the people can go with

their grievance about the way their business with large
anonymous bureaucracies has been handled. The
ombudsman records public complaints, investigates them,
and reports the findings to the complainants and the
organizations investigated. Should any wrong be
discovered, it is expected that it will be put right, if not to
the complete satisfaction of the aggrieved party, then at

60
Jha, Rajani Ranjan, Lokayukta-The Indian Ombudsman, 20, ch-1, 1990.

36
 least better than it would have been without the
ombudsman‘s intervention.61

Types of Ombudsman

In India, there are several institutions functioning as ombudsman in different

sectors such as banking, insurance, telecom, local self-government and
electricity, to redress the grievances of the general public relating to these
departments and such institutions are termed as ombudsman functioning in their
respective spheres. These institutions have been established with a view to
promote good governance and transparency and accountability in their working
and redressal mechanism and for speedy disposal of their complaints. 62

Banking Ombudsman

The Banking Ombudsman Scheme was first introduced in India in 1995, and
was revised in 2002. The current scheme became operative from 1 January 2006,
and replaced and superseded the banking Ombudsman Scheme [Link]
customers who are unhappy with the services rendered by a bank or face
problems while its dealing, one can apply to the banking ombudsman for
redressal under the RBI’s Banking Ombudsman Scheme. 63 This is an attempt of
exploring the facts related to the performance of Banking Ombudsman Scheme
regarding the receipt and disposal of complaints, nature and mode of complaints
received, region wise coverage of complaints and the grounds under which
rejection of complaints takes place. Suitable statistical tools have been applied to
highlight the findings. The result shows a positive trend related to the
performance of Banking Ombudsman Scheme.

61
Ibid
62
Available at : [Link] [Link] (visited on August 05, 2015).
63
Available at ://[Link]/wiki/Banking_Ombudsman_Scheme (visited on July
15, 2015).

37
Types of complaint

The type and scope of the complaint which may be considered by a Banking
Ombudsman is very comprehensive and it has been empowered to receive and
consider complaints pertaining to the following:

 Non payment or inordinate delay in the payment or collection of cheques,

drafts, bills, etc
 Non-acceptance, without sufficient cause, of small denomination notes
tendered for any purpose and for charging of commission for this service.
 Non acceptance without sufficient cause of coins tendered and for
charging of commission for this service.
 No payment or delay in payment of inward remittances
 Failure to issue or delay in issue of drafts, pay orders or banker’s cheques
 Non –adherence to prescribed working hours
 Failure to honour guarantee or letter of credit commitments
 Failure to provide or delay in providing a banking facility (other than
loans and advances) Promised in writing by a bank or its direct selling
agents.
 Delays non credit of proceeds to parties accounts, non-payment of
deposit or non observance of the Reserve Bank directives, if any,
applicable to rate of interest on deposits in any savings, current or other
account maintained with a bank .
 Refusal to open deposit accounts without any valid reason for refusal
 Levying of charges without adequate prior notice to the customer
 Refusal to accept or delay in accepting payments towards taxes as
required by Reserve Bank.
 Refusal to lose or delay in closing the accounts
 Non-adherence to the fair practices code as adopted by the bank.64

64
Available at : [Link] [Link] (visited on August 05, 2015).

38
Insurance Ombudsman

The institution of Insurance Ombudsman was formed by a government of India

via notification dated 11 th November in the year 1998. The Insurance
Ombudsman consists of Insurance Council which comprises of members of Life
Insurance Corporation of India and General Insurance Council formed under
section 40C of Insurance Act, 1938. The Insurance Ombudsman may hold sitting
at various places within their area of jurisdiction in order to expedite disposal of
complaints. Its territorial jurisdiction extends over to 12 states across the country
such as Bhopal, Lucknow, Cochin, Mumbai, Delhi, Chandigarh etc. 65

Local self-government Ombudsman

This is a high powered quasi-judicial body functioning at the State level with its
Head Quarters in the State Capital. Possibly no other State in India has such an
institution to oversee the functioning of local self-government institutions. The
Institution started functioning in 2000 as a seven member body with a Retired
Judge of High Court as its chairman. The successor government changed the
constitution and made it a single member body through an amendment of the
Panchayati Raj Act in the year 2001. 66

Ombudsman in Telecom Sector

In view of increasing grievances among consumers in the telecom sector,

Telecom Regulatory Authority of India, hereinafter referred to as TRAI recently
recommended setting up of Ombudsman's office to deal with consumer
complaints. The TRAI has issued a Consultation Paper on `Establishment of the
office of Ombudsman in the telecommunications sector' in order to enable it to
make significant improvement in the orderly growth of the sector, taking into
account the interests of both service providers as well as consumers. Although
there is no system in place to redress individual consumer complaints or disputes

65
Available at : [Link]/ADMINCMS/cms/[Link]?page
(visited on March 12, 2015).
66
Ibid.

39
between service providers and group of consumers the authority keeps on
receiving complaints from the general public both pertaining to the problems of
individuals as well as of generic nature. 67

History and Evolution of Lokpal in India

Citizen’s satisfaction has been regarded as the chief motto of a Democratic

State. The devices to ascertain and remedy the grievances of citizens against
administrative errors or inaction have been an integral part of administrative
system since time immemorial. We hear of stories how in the past, the King, if
he was benevolent would go about in cognition or send his agents to find out the
difficulties of his people. In the Mughal period, Emperor Jahangir is credited to
have devised a novel method of knowing the grievances of the people. He placed
a bell in his durbar known as the “call bell”, for citizens to call on him at any
time by ringing the bell, offers a classic example of the “ Open door Policy “for
the redressal of the citizens grievances and they were immediately heard by the
emperor himself.68 Another example of open door policy was that even during
the British regime the collector used to go on horses to inspect the villages and
to hear and to remove public difficulties, complaints, and grievances. The “Open
Door Policy” of the autocratic and Paternalistic regime of olden days when the
ruler’s or his agent’s decision was termed as law can, at best have a limited
69
application in the democratic regimes of today.

But all these methods were highly personal in nature. During those days, people
were neither aware of their rights nor their duties towards the government. In
fact there existed no clear concept as to the responsibilities of the state
machinery towards the people. 70

67
Available at: [Link]/bsnl/asp/content%20mgmt/[Link]
(visited on March 16, 2015).
68
R.R. Jha, Lokayukta( The Indian ombudsman) 1, Ch-1, 1990.
69
V. Jagannadham and H.R. Makhiza, Citizen Administration and Lokpal, 2-9, ch.2.
70
Ibid.

40
A remedy comes to picture only when there is a problem which needs to be
curbed or cured. Another relevant consideration related to the establishment of
the Ombudsman Institutions in India is that, the very existence of an
Ombudsman would act as a powerful, preventive measure to ensure speedy and
impartial decisions in matters affecting administration at large.

Even after independence when increasing practice of corruption,

maladministration and misuse of authority and resource could not be curbed by
existing measures under the Indian Penal Code, 1860 and the Prevention of
Corruption Act,1988, need for an agency independent of the executive,
legislative and judiciary , to look into the citizen’s grievances and cases of
corruption was widely felt. As a consequence, discussions in the Parliament
emancipated to discuss the various aspects of growing maladministration and
corruption in the administration of the country. As a result of the prolonged
discussions by the Parliamentarians, the need for such an independent institution
which could prevent the abuse of process of law was felt. 71

In a welfare state like India, citizens have freedom to express their views and
opinions with the government in its myriad forms-as a service provider, a
regulator, as a provider of social and physical infrastructure etc. Meeting the
expectations of the citizens is a challenging task for any government. Being the
guardian of its citizens, the government is accountable for all the acts and has
delegated its various tasks to various institutions to provide speedy and effective
remedy to its citizens. One such institution to deal with corruption and
maladministration is known as Ombudsman i.e. the watch dog or the grievance
redressal machinery. 72

The concept of Ombudsman evolved in India in the year 1950’s as a search

mechanism to curb the menace of corruption and inefficient administration. In
India, the Ombudsman is known as the Lokpal and Lokayukta. The concept of
Constitutional Ombudsman was first proposed by the then Law Minister Ashok

71
C. Rajkumar, Corruption and Human Rights in India (Oxford University Press, 2011).
72
Ibid.

41
Kumar Sen in Parliament in early 1960s. The term “lokpal and lokayukta” was
coined by Dr. L. M. Singhvi as the Indian Model of Ombudsman for redressal of
public grievances. The office of the lokpal is the Indian version of the office of
an Ombudsman who is appointed to inquire into the complaints made by citizens
against public officials. The lokpal is a forum where the citizens can send
complaints against public officials which would then be inquired into and the
citizens would be provided some redressal. Lokpal is an officer who investigates
complaints of citizens of unfair treatment meted out to them by government
departments and suggests remedy thereof, if he finds that a complaint is
justified.73

Moreover, in a democracy, the Government has to play an important role in

improving the socio-economic life of the citizens. This role has been assigned to
public servants as the representatives of the government due to which the
functions and their working area has widened and are also given wider
administrative powers. Due to the multiplication of the administrative powers
and functions, these public servants gets the discretion to use such powers as per
their wish and this misuse of this power and discretion provides opportunities of
maladministration and corruption. In such a situation, grievances arise. Prof. V.
Jagaannandan has rightly observed that 74,

“The increasing activities of the government and the

penetration of bureaucracy into remote areas of the country
enhance the scope of grievances to multiply.”

The Law Commission has pointed out in its 14 th report that there is a vast field
where administrative authority may act outside the strict sphere of law without
the injured citizen being in a position to obtain effective redress. There are
various categories of government officials exercising discretionary powers and
all of them are not endowed with a high sense of dedication and integrity in
equal measure. Thus, in the exercise of discretionary powers, there remains

73
Preeti Dilip Pohekar, A Study of Ombudsman System in India, 99.
74
Ibid.

42
scope for malpractices, corruption and therefore, harassment. Although these
practices are dangerous yet, we cannot eliminate discretion from administration.
What is therefore necessary is to devise methods of control over the exercise of
the discretion, which will help in reducing its misuse. The citizens must be given
the opportunity to ventilate their grievances against the officials and the
government agencies. 75

So, in democracy, concern for propriety ought to be greater than concern for
legality. While legality can be achieved through judicial control, propriety has to
be ensured through adequate legislative control. As a control mechanism various
committees of Parliament oversee the work of the government and report to the
house. Besides such committees there is an institution which act on behalf of
Parliament and scrutinize the actions of the government i.e. Ombudsman
institution. In creating the ombudsman type of institution in India we can
profitably draw upon the traditional values. The Indian social system continues
to be, by and large an authoritarian and paternalistic system. An ombudsman, as
the protector of the people’s right, once appointed, should be able to build the
societal values and win the confidence and respect of the people.76 The unique
system of the history of administration and prevention of corruption is
Ombudsman. This watchdog agency has recorded a glorious mark in addressing
the citizen’s grievances and maladministration of the bureaucracy. The
institution has provided the citizen with an alternative institution with in the
democratic frame work which enjoys his confidence and to which he can have
an easy access for the redressal of the grievances. The institution is also
regarded as effective, speedy, thorough and impartial in providing remedies to
the victims of the maladministration. 77

First Administrative Reforms Commission in its report submitted in 1996

suggested that :

75
I.P. Massey, Administrative Law 562 (Eastern Book Company, Lucknow, 7th Edition,
2008).
76
S.C. Gupta, Ombudsman- An Indian Perspective, 2 (Manak Publications (P) Ltd.).
77
R.R. Jha, Lokayukta (The Indian ombudsman) 1, ch-1, 1990.

43
 The special circumstances relating to our country can be
fully met by providing for two special institutions for the
redress of citizen’s grievances .There should be one
authority dealing with complaints against the
administrative acts of ministers or secretaries to the
government at the centre and in the states. There should be
another authority in each state and at the centre for
dealing with complaints against the administrative acts of
other officials … The setting up of these authorities only
provide the ultimate set up for such redress as has not
been available through the normal departmental or
governmental machinery and do not absolve the
department from fulfilling its obligations to the citizen for
administering its affair without generating, as far as
possible, any legislature sense of grievance .Thus, the
administration itself must play the major role in reducing
the areas of grievances and providing remedies wherever
necessary and feasible …..When this machinery (in built
departmental machinery) functions effectively, the number
of cases which will have to go to an authority outside the
ministry or the department should be comparatively small
in number.78

The Administrative Reforms Commission while preparing its report laid down
the following objectives:

(i) Evolution of a suitable grievance procedure for individuals to

invoke complaints of maladministration;
(ii) Creation of a mechanism which would reduce corruption in the
administrative services;

78
Available at : [Link]/[Link] (visited on November 15, 2014).

44
 (iii) Setting up machinery which would take cognizance of
complaints of favouritism and nepotism against central and
state ministers.

The lokpal Bill was for the first time presented by Mr. Shanti Bhushan during
the fourth Lok Sabha in 1968, and was passed in 1969. However, it was pending
in the Rajya Sabha, the Lok Sabha dissolved due to which the bill could not be
passed. Subsequently, lokpal bills were introduced number of times but all met
with the same fate.

Then in January 2011, the government formed a Group of Ministers consisting

of Mr. Kapil Sibal, Mr. Veerappa Moily, Mr. Salman Khursheed, Mr. P.
Chidambaram chaired by Shri Pranab Mukherjee (the then Union Finance
Minister) to suggest measures to tackle corruption, including examination of the
proposal of a Lok Pal Bill and finally in the year 2013 the Lokpal Act was
enforced with a view to tackle the vicissitudes of corruption and
maladministration. Presently, the Act contains numerous provisions which can
be used as a shield against corruption and maladministration in the governance
of the country.79

79
Available at : [Link]
on-lokpal-bill-1649/ (visited on March 23, 2014).

45
46