Introduction

Administrative law governs the activities of administrative agencies of government. Within this
framework, the concept of the Ombudsman has emerged as a pivotal institution to ensure
fairness, accountability, and transparency in public administration. Originating in Sweden, the
Ombudsman serves as an independent authority who investigates complaints against public
bodies, ensuring justice and protection of individual rights.

The Ombudsman in administrative law embodies the essence of democracy by acting as a check
and balance on governmental power. Their unwavering commitment to justice ensures that the
rights of citizens are protected, that the rule of law is upheld and that government agencies are
held accountable for their actions.

The Ombudsman in administrative law stands as a guardian of individual rights, a promoter of

governmental transparency and a catalyst for continuous improvement in the functioning of the
state. Through their diligence and dedication, they bolster the foundations of a just and
equitable society.

Meaning of Ombudsman in Administrative Law

An Ombudsman in administrative law is an independent official or body appointed by the
government to oversee and investigate complaints and grievances against administrative actions
and decisions made by government agencies, departments or public officials.

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. The Ombudsman’s job is to examine the
complaints made by citizens when they believe that a government agency is not doing its job
properly. In simple terms, if the government isn’t doing things right, citizens can report their
concerns to this official, who works for the government but is independent and impartial.
Importance of Ombudsman in Administrative Law
Regarding the importance of the Ombudsman in administrative law, it’s essential to understand
that this official is not a super administrator to whom you can appeal just because you’re not
happy with a decision made by a government official. 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. 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 Ombudsman’s role is to make sure complaints are valid and address them appropriately.
They can even take action on their own if they see a problem and their authority is not limited
like that of a Civil Court.

Origin of Concept of Ombudsman

The idea of an Ombudsman first started in Sweden over two hundred years ago in 1809. 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.
Types of Ombudsmen
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.

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:

Organizational Ombudsman
These Ombudsmen review, administer and investigate complaints from employees, members or
clients of public or private sector organizations regarding problems or policy violations. They
ensure issues are properly addressed and communicate changes and conflicts within
the organization.

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.

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 in Administrative Law

One of the key roles of an Ombudsman 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 counsellors 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
misbehavior. How these powers are applied depends on the individual Ombudsman
and their judgment.

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, 2013

The Lokpal and Lokayuktas Act, 2013 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.

Under the newly enacted Lokpal Act, corruptly acquired properties of government officials can
be confiscated and attached even while proceedings against them are ongoing.

The Act requires all public officials to disclose their assets and liabilities as well as those of their
dependents. It also provides protection for government officials who act as whistleblowers and
an accompanying Whistle Blowers Protection Act has been enacted to support this aspect.

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.