Meaning of Ombudsman in Administrative Law 4.

Exercise of Discretionary Powers to address issues such as

An Ombudsman in administrative law is an independent official or corruption, negligence, inefficiency, and misbehavior.
body appointed by the government to oversee and investigate Ombudsman Trace in India
complaints and grievances against administrative actions. The concept of an Ombudsman in India was first recommended by
This official is often referred to as a grievance officer. The the Administrative Reforms Commission headed by Morarji Desai,
Ombudsman’s job is to examine the complaints made by citizens inspired by its success in other countries.
when they believe that a government agency is not doing its job Proposal: Dr. L.M. Singhvi coined the terms ‘Lokpal’ and ‘Lokayukta’
properly. for national and state-level Ombudsmen, respectively.
Importance of Ombudsman in Administrative Law Legislative Attempts:
1. The main role of the Ombudsman is to investigate The Lokpal Bill was first introduced in 1968 but lapsed multiple
complaints of mismanagement or unfair treatment. times until its passage in 2011, leading to the establishment of the
2. The Ombudsman in administrative law as a guardian of the Lokpal and Lokayuktas.
government’s actions and a protector of regular people. Lokpal:
3. The Ombudsman looks into all complaints made by citizens Lokpal is the national anti-corruption Ombudsman in India,
. established under the Lokpal Act of 2013.
4. The Ombudsman’s role is to make sure complaints are Comprises a Chairman and up to 8 members, with powers to
valid and address them appropriately and their authority is not investigate complaints under the Prevention of Corruption Act,
limited like that of a Civil Court. 1988. It oversees the matters relating to:
Origin of Concept of Ombudsman 1. Anti Corruption Policy
The idea of an Ombudsman first started in Sweden over two 2. Public administration
hundred years ago in 1809. 3. Vigilance
Types of Ombudsmen 4. Law and Management
In 1962, during the “All India Lawyers’ Conference,” the idea of 5. Finance, including insurance and banking
establishing an Ombudsman system in India to improve how the Section 25 of the Lokpal Act 2013 deals with the powers of Lokpal
government functions. The provision states that once the Lokpal receives a complaint
 An Ombudsman can be anyone, from an inspector general under the Prevention of Corruption Act 1988, it can initiate the
to a citizen advocate, appointed by the national investigation. If the complaint is found to be true in the
legislature. investigation, then he can ask the government to take disciplinary
 Ombudsmen are also appointed at the state, local and action against the concerned public servants or file a corruption
municipal levels. case in a special court.
There are several types of Ombudsmen: Lokayuktas:
Classical Ombudsman Lokayuktas serve as state-level Ombudsmen, with similar functions
Classical Ombudsmen deal with problems and conflicts of the to the Lokpal but operating at the state level.
general public concerning authorities or the government itself. Appointed by the Governor based on consultations among the
Advocate Ombudsman Chief Minister, Chief Justice of the High Court, and the Leader of
These Ombudsmen work in both the private and public sectors and the Opposition.
are focused on publicly defending and advocating for persecuted Judicial Observations:
individuals or groups. The Supreme Court, in cases like Dinesh Trivedi v. Union of India
Hybrid Ombudsman and Justice K.P. Mohapatra v. Ram Chandra Nayak, highlighted the
Their main role is to informally investigate complaints from both importance of the Ombudsman. The court stated that "In the
private and public sectors. They have the power to conduct context of the functions which are to be discharged by the Lokpal, it
investigations and produce annual reports. is apparent that they are of utmost importance in seeing that
Legislative Ombudsman unpolluted administration of the State is maintained and mal-
They emphasise issues related to government policies and administration, as defined under Section 2(h), is exposed so that
legislation and can propose changes based on public demands. appropriate action against such maladministration and
Executive Ombudsman administrator could be taken. The investigation which Lokpal is
These Ombudsmen assess complaints and failures in government required to carry out is that of quasi-judicial nature which would
conduct, involving government officers and authorities. envisage not only knowledge of the law, but also of nature and
Powers and Functions of Ombudsman in Administrative Law: work which is required to be discharged by an administrator."
1. Safeguarding Citizens' Rights against misuse of power by Legislative Basis:
government authorities. The Lokpal Bill 2018, passed under Article 252 of the Indian
2. Supervision of Civil Administration ensuring public Constitution, allows Parliament to legislate for two or more states
administration is conducted properly with their consent.
Conclusion: It plays a crucial role in combating corruption and
3. Monitoring Government Function to ensure accountability
ensuring accountability within the Indian administration.