Central University of South Bihar
SESSION: 2022-27
Administrative Law - I
ASSIGNMENT
Ombudsman and Lokpal
SUBMITTED BY: - SUBMITTED TO: -
RIFAT HAYAT DR. ANUJA MISHRA
CUSB2213125081 ASSISTANT PROFESSOR
SEMESTER – IV School of Law & Governance
Central University of South Bihar Central University of South Bihar
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Acknowledgement
I take this opportunity to express my profound gratitude and deep regards to my guide Dr.
Anuja Mishra for her exemplary guidance, monitoring and constant encouragement to give
shape to this project. The blessing, help and guidance given by her time to time shall carry me
a long way in the journey of life on which I am about to embark.
I also take this opportunity to express a deep sense of gratitude to my respected seniors who
shared their cordial support, valuable information and guidance, which helped me in
completing the task through various stages.
Last but not the least, I thank the almighty, my friends for their constant encouragement without
which this assignment would not have been possible.
RIFAT HAYAT
CUSB2213125081
2022-2027
B.A.LL.B.{Hons.}
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CONTENTS
COVER PAGE 1
ACKNOWLEDGEMENT 2
TOPICS 3
1. INTRODUCTION 4
2. ORIGIN AND CONCEPT OF OMBUDSMAN 5
3. TYPES OF OMBUDSMEN 6-7
4. POWERS AND FUNCTIONS 7
5. OMBUDSMAN IN INDIA 8
6. FEATURES OF LOKPAL ACT,2013 8-9
7. COMPOSITION OF LOKPAL 9
8. ANTI-CORRUPTION INSTITUTIONS 9-11
9. CONCLUSION 11
10.BIBLIOGRAPHY 12
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Introduction
The Ombudsman and Lokpal are two significant institutions established in various countries,
including India, to address grievances, combat corruption, and ensure accountability in
governance. While they serve similar functions, there are differences in their roles, powers, and
jurisdiction.
The Ombudsman, originating from Sweden in the early 19th century, is an independent
institution tasked with investigating complaints against government agencies, public officials,
and other administrative bodies. The term "ombudsman" is of Swedish origin, meaning
"representative" or "agent of the people." The ombudsman, originating from Sweden in the
early 19th century, is an independent institution tasked with investigating complaints against
government agencies, public officials, and other administrative bodies. The term
"ombudsman" is of Swedish origin, meaning "representative" or "agent of the people."
Ombudsmen are typically appointed by the legislature or executive but operate independently
of the government and other institutions they oversee. This independence ensures impartiality
and credibility in their investigations.
The Lokpal, derived from the Sanskrit words "lok" (people) and "pal" (protector), is a
specialized anti-corruption authority established in India to investigate and prosecute cases of
corruption involving public servants, including politicians and government officials. The
concept of the Lokpal was first proposed by the Administrative Reforms Commission in 1966
and later enshrined in the Lokpal and Lokayuktas Act, 2013.
The Lokpal is a statutory body empowered to inquire into allegations of corruption against
public officials and recommend prosecution or other disciplinary actions. It has jurisdiction
over cases involving high-level officials, including the Prime Minister, Members of Parliament,
and central government employees.
The Lokpal operates independently of the government and enjoys autonomy in its functioning,
ensuring impartiality and integrity in its investigations. It is headed by a chairperson and
comprises members from diverse backgrounds, including the judiciary, civil service, and
academia.
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Origin of Concept of Ombudsman
The idea of an Ombudsman first started in Sweden over two hundred years ago in 1809. 1 As
the twentieth century began, other European countries began to take notice of this system.
For instance, Finland established the Ombudsman institution in 1919, Denmark followed suit
in 1955 and Norway did the same in 1961. Many European countries adopted the term
“Ombudsman” for this role. However, some countries, like New Zealand, used the term
“Parliamentary commission.”
In the early 1960s, the British government began to seriously consider creating a body to
address people’s complaints about public administration and to protect against the misuse of
power. In 1966, the British government appointed a Parliamentary Commissioner for this
purpose. By 1973, this Parliamentary Commissioner also took on the role of a Health
Commissioner.
In 1962, during the “All India Lawyers’ Conference,” a social reformer named M.C. Setalvad
proposed the idea of establishing an Ombudsman system in India to improve how the
government functions.
An Ombudsman can be anyone, from an inspector general to a citizen advocate, appointed by
the national legislature. Ombudsmen are also appointed at the state, local and municipal levels.
The main role of the Ombudsman is to investigate complaints of mismanagement or unfair
treatment. In terms of its usefulness, think of the Ombudsman in administrative law as a
guardian of the government’s actions and a protector of regular people. The Ombudsman
looks into all complaints made by citizens when they believe that the government is using its
power improperly, not doing its job well or being unfair. 2
The Ombudsman has extensive authority, including access to government records. People
who file complaints don’t have to provide evidence; the Ombudsman investigates and can
provide remedies to those who have been wronged.
The primary purpose of an Ombudsman in administrative law is to ensure transparency,
fairness, accountability and adherence to legal and procedural standards within the
administrative processes of the government. This official is often referred to as a grievance
officer.
1
https://www.scribd.com/document/456982194/OMBUDSMAN
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https://www.clearias.com/lokpal-lokayukta/
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Types of Ombudsmen
To handle complaints in a confidential, independent and impartial manner, the government
appoints various Ombudsmen for different domains and issues. There are several types of
Ombudsmen:3
• Organisational Ombudsman
These Ombudsmen review, administer and investigate complaints from employees, members
or clients of public or private sector organisations regarding problems or policy violations.
They ensure issues are properly addressed and communicate changes and conflicts within the
organisation.
• Classical Ombudsman
Appointed by the government, Classical Ombudsmen deal with problems and conflicts of the
general public concerning authorities or the government itself. They have the authority to
review and address public grievances and take appropriate actions.
• Advocate Ombudsman
These Ombudsmen work in both the private and public sectors and are focused on publicly
defending and advocating for persecuted individuals or groups. They are often found in social
work entities or government agencies and primarily address policies practised by government
entities or organisations.
• Hybrid Ombudsman
Their main role is to informally investigate complaints from both private and public sectors.
They have the power to conduct investigations and produce annual reports.
• Legislative Ombudsman
As part of the government, Legislative Ombudsmen address issues, conflicts and disputes faced
by the public when dealing with government agencies and branches. They emphasise issues
related to government policies and legislation and can propose changes based on public
demands.
• Executive Ombudsman
These Ombudsmen assess complaints and failures in government conduct, involving
government officers and authorities. They make public reports for reference and work with
officials to improve individual experiences.
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• Media Ombudsman
These Ombudsmen investigate complaints in various news organisations and media outlets.
They handle issues like false news, misleading advertisements, controversial statements,
defamation cases and inappropriate customer-media relations to ensure fair resolution of
conflicts and disputes in the media industry.
Powers and Functions of Ombudsman 4
• One of the key roles of an Ombudsman5 is to safeguard the rights and freedoms of
citizens. The establishment of the Ombudsman position primarily serves this purpose.
• In Scandinavian countries, the Ombudsman has an additional responsibility:
supervising the general civil administration. This duty closely ties the Ombudsman’s
role to the oversight of public administration.
• Many states, including some institutions similar to the Ombudsman, engage in the
general supervision of government functions. This oversight is often referred to as
monitoring the government’s performance.
• In certain countries, the Ombudsmen wield significant authority. For instance, in
Sweden, the Ombudsman is empowered to investigate cases of corruption, in any form,
not only involving government officials but also judges of the highest court.
• In the United Kingdom, the Parliamentary Commissioner, a British version of the
Ombudsman, also serves as a Health Commissioner. In 1974, the British parliament
passed a law to expand the jurisdiction of the Parliamentary Commissioner to cover
local government matters. This allows local councillors to file complaints against local
authorities and seek resolution for their grievances.
• Another crucial aspect of the Ombudsman’s role is the exercise of discretionary powers.
These powers encompass a wide range of issues, including corruption, negligence,
inefficiency and misbehaviour. How these powers are applied depends on the individual
Ombudsman and their judgment.
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https://www.legalserviceindia.com/legal/article-50-lokpal
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https://byjusexamprep.com/upsc-exam/lokpal-and-lokayukta-act-2013
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Ombudsman in India
The success of the Ombudsman functions in other countries served as inspiration for the
establishment of Lokpal and Lokayuktas in India. Lokpal functions as the Indian Ombudsman
at the national level, while Lokayuktas serve as State Ombudsmen.
The idea of setting up an Ombudsman in India was first proposed by M.C. Setalvad at the All
India Lawyers’ Conference in 1962.
In 1968, the Administrative Reforms Committee presented a proposal to the Government
regarding the establishment of an Ombudsman. However, it wasn’t until 1971 that a bill was
introduced for this purpose, but it ultimately did not pass.
Lokpal in India, established under the Lokpal Act of 2013, serves as a national anti-corruption
ombudsman. Its role is to investigate complaints against public servants defined by the Lokpal
Act, with the aim of combating corruption in India.
Salient features of The Lokpal and Lokayuktas Act, 20136
• The Lokpal and Lokayuktas Act, 20137 established the Lokpal at the national level,
which has the authority to investigate cases of corruption involving Members of
Parliament and central government employees. Lokayuktas, on the other hand, operate
at the state level and perform similar functions.
• Both the Lokpal and Lokayuktas handle corruption charges against public officials,
including the Prime Minister, but with certain safeguards in place. They conduct
investigations and trials based on their findings.
• The Act allows for the creation of Lokayuktas in each state with their respective powers,
although it doesn’t clearly define the extent of these powers. This has resulted in
variations in the powers of Lokayuktas across different states. To bring uniformity,
there has been a proposal to implement Lokayuktas consistently across all Indian states.
The Act also mandates that all states establish the office of the Lokpal and/or Lokayukta
within one year from the commencement of the Act.
• The Lokpal consists of a chairperson and a maximum of eight members. Half of the
members are judicial and the other half are from SC/ST/OBCs, minorities and women.
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Under the newly enacted Lokpal Act, corruptly acquired properties of government officials can
be confiscated and attached even while proceedings against them are ongoing.
Composition of the Lokpal
The Lokpal office is composed of a Chairman and up to 8 members. The Chairman of the
Lokpal can either be a current or former judge of the Supreme Court or the Chief Justice of a
High Court. Alternatively, the Chairman can also be an eminent person known for their
impeccable reputation and exceptional expertise, with at least 25 years of experience in areas
such as anti-corruption policy, public administration, vigilance, law, management, finance
(including insurance and banking) and related matters.
The powers of the Lokpal are defined in Section 25 of the 2013 Act. If the Lokpal receives a
complaint under the Prevention of Corruption Act of 1988, it has the authority to initiate an
investigation. If the complaint is substantiated during the investigation, the Lokpal can
recommend that the government take disciplinary action against the accused public servants or
file a corruption case in a special court.
How To Make Anti-Corruption Institutions be more effective?8
• Investigative agencies should develop multidisciplinary skills and be well-versed in the
operations of various offices departments. They should include representatives from
various government departments.
• Modern investigative techniques, such as electronic surveillance, video and audio
recording of surprise inspections, traps, searches, and seizures, should also be used.
• Investigative agencies should be given a reasonable time limit for investigating various
types of cases.
• The number of cases detected and investigated should continue to increase. Priorities
must be redirected by concentrating on "big" cases of corruption.
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• Corruption cases should be prosecuted by a panel of lawyers assembled by the Attorney
General or Advocate General in consultation with Lokpal or Lokayukta, as applicable.
• Anti-corruption agencies should conduct systematic surveys of departments, paying
special attention to those that are particularly prone to corruption, in order to gather
intelligence and identify officers with questionable integrity.
• The Lokpal should be given sufficient powers to deal with corruption cases.
CITIZENS’ INITIATIVES:
A. Citizens' Charters should be made effective by stipulating service levels and the
consequences if they are not met.ṣ9
B. Citizens may be involved in the evaluation and upkeep of ethics in government institutions
and offices.
C. Incentive schemes should be implemented to encourage citizen initiatives.
D. Awareness programmes in schools should be implemented, emphasising the importance
of ethics and how to combat corruption.
ROLE OF MEDIA:
A. Norms and practises must be developed that require proper media screening of all
allegations/complaints and action to put them in the public domain.10
B. In order to adhere to a Code of Conduct as a safeguard against malafide action, the
electronic media should develop a Code of Conduct and a self-regulating mechanism.
C. By regularly disclosing details about corruption cases, government agencies can aid the
media in the fight against corruption.
SOCIAL AUDIT:
All developmental schemes and citizen-centric programmes should include a social audit
mechanism in their operational guidelines.
USING INFORMATION TECHNOLOGY:
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• Each government ministry, department, or organisation should develop a plan for using
technology to improve governance. Use of Information Technology should be made
only after existing procedures have been thoroughly re-engineered in any government
process.
• Offices with a lot of public interaction should have a complaint tracking system online.
Conclusion
In conclusion, the establishment of Ombudsman and Lokpal institutions represents a crucial
step towards enhancing transparency, accountability, and good governance in India. The
Ombudsman serves as an independent and impartial body tasked with investigating complaints
of maladministration and injustice against public authorities, thereby ensuring that citizens'
grievances are addressed effectively and fairly. On the other hand, the Lokpal, as the apex anti-
corruption authority, plays a pivotal role in combating corruption at the highest levels of
government, holding public officials accountable for their actions and promoting integrity and
ethical conduct in public service.
Both institutions are instrumental in promoting accountability, integrity, and public trust in the
government. By providing avenues for citizens to voice their concerns and hold public officials
accountable for their actions, the Ombudsman and Lokpal contribute to the strengthening of
democratic institutions and the rule of law in India.
Moving forward, it is essential to ensure the independence, effectiveness, and accessibility of
these institutions to uphold democratic values and principles of good governance.
Both the ombudsman and Lokpal serve as vital mechanisms for promoting accountability,
transparency, and good governance in their respective jurisdictions.
While ombudsmen focus on addressing grievances and improving administrative practices,
Lokpals specialize in combating corruption and upholding integrity in public service. Together,
these institutions play a crucial role in fostering trust between citizens and the government and
promoting the rule of law and democratic values.
The Lokpal, envisioned as the apex anti-corruption authority, represents a powerful mechanism
for holding public officials accountable for acts of corruption and maladministration. Its
establishment, after decades of advocacy and public demand, reflects the government's
commitment to rooting out corruption at the highest levels of governance.
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Bibliography
• Books Referred:
1. I.P.MASSEY, Administrative Law(10th edition),2022
2. J.J.R.UPADHYAYA, Administrative law
• Websites Referred:
1. https://indiankanoon.org
2. https://www.scribd.com
3. https://www.lawyersnjurists.com
4. https://www.jstor.org
5. https://journals.sagepub.com
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