OMBUDSAM

OMBUDSAM

Indian Legal System> Civil Laws> Constitutional and Administrative Laws > Administrative Law> Ombudsman

The concept of Ombudsman at the first originated on Sweden, a Scandinavian state, in 1809. The meaning of Ombudsman is a public official appointed to investigate individual's (citizen's) complaints and the grievance against maladministration, especially against of public authority. Garner defined ombudsman as "an officer of parliament,  having as his primary function. The duty of acting as an agent for parliament, for the purpose of safeguarding the citizens against abuse or misuse of administration power by the executive". Thus the ombudsman is a grievance officer of Commissioner of Administration. If there are gross laps in the functioning o the public administration the citizens have the power to lodge a complaint against the concerned authority. He is an officer of parliament.

Judges Lawyers, or High officers are qualified to be an ombudsman. He is appointed by the parliament, but the parliament does not interface with the functions of the Ombudsman.

Ombudsman can make suggestions or recommendation for changes in the Administrative Law for higher transparency, efficiency, and justice.

Whether appointed by the legislature, the executive, or an organization, the typical duties of an ombudsmen are to investigate constituent complaints and attempt to resolve them, usually through recommendations or mediation. Ombudsman something also aim to identify systemic issue leading to poor service or breaches of people's rights.

Objectives of the Institution of Ombudsman:-

• To correct individual wrong.
• To make bureaucracy more humane.
• To less popular alienation from government.
• To prevent abuse by acting as a bureaucratic watchdog.
• To vindicate civil servants when unjustly accused, and
• To introduce administrative reform.

Ombudsman is a supervisor of the Administrative Authority. It is the duty of the Ombudsman to inquire and investigate complaints made by the Government against the Administrative Authorities. Wide powers are conferred upon the Ombudsman to carry out such actions. The power of Ombudsman are not restricted as power of the Civil Court. Suo Moto action can be taken by him.

Information obtained by the Ombudsman in an investigation is confidential. At the conclusion of an investigation, the Ombudsman may make formal recommendations, including to:

• Refers the matter to another agency;
• Rectify administrative actions;
• Vary administrative practice;
• Reconsider the law which underpins administrative actions; or
• Gives reasons for a decision,

This Institutional has some disadvantage. It can be successful in countries with lower populations but a single person cannot deal with complaints of the large populations as he case of India. Such an institution ma also its hold if there is a large number of sub-ordinate officers on whom the Ombudsman has to rely upon. Some jurists have considered this institution not suitable for India and would amount to impractical and disastrous experiment.

Characteristics of the Ombudsman:

• Established as a separate entity that is functionally autonomous.
• Operationally independent of both the legislature and the execute.
• Ombudsman is a legally established government official, a monitoring specialist, administrative expert and professional.
• Non-partisan.
• Normatively universalistic.
• Client-centered, but not anti-administration.
• Popularly accessible and visible.
• High-status institutions
• Have extensive resource to perform his mission.

The Concept of Ombudsman in India:

The Ombudsman idea is not altogether a new idea for Indian's. it was first talked of in the country by late Mr. K. M. Munishim167, who, in the national debate on the need for a Parliamentary Tribunal of Enquiry commended the Swedish practice of appointing an Ombudsman for controlling maladministration. But the credit of generating a live interest on the Ombudsman goes Later Mr. M.C setalvad, in an inaugural address to the Third All Indi Law Conference in August 1962 (New Delhi) urged upon the participants to undertake a study about its feasibility in India. It was the spoken of by Dr. L.M. Singhiv, M.P., who raised the issue of setting up an office of Ombudsman in emphatic terms and consistently campaigned for it in Parliament during the years 1963-1965.in July 1963, Mr. P.E. Gajendragadkar, Chief Justice of the Supreme Court of India, in his address to the IIPA made a strong plea for its adaptation in India.

Recommendations of the First Administrative Reforms Commission:

In its Report dated 20th October, 1966, ARC left that the redressal of citizen's grievances is a basic to the functioning of the democratic governments, and will strengthen the hands of the governments in administering the laws of the land, its policies "without fear or favour, affection or ill-will" confidence without would progress it would not be possible. It recommended the appointment of one authority called 'LOKPAL' dealing the complaints against the administrative acts of Ministers or Secretaries to Governments at the Center and it in the States and another authority called 'OKATUKTA' in each state and at the Centre for dealing with complaints against the administrative acts of other officials. It also suggested the establishment of inbuilt departmental machinery within each Ministry or Department within each Ministry Department for providing redress against cases that arise at lower levels of administration. This will reduce the number of cases which will have to go to Lokpal or Lokayukta.

The Commission recommended following to be the main feature of the institutions of Lokpal or Lokayukta.

• They should be demonstrably independent and impartial.
• Their investigation and proceedings should be informal in character.
• Their appointments should, as far as, possible be nonpolitical.
• Their status should compare with the highest judicial functionaries in the country.
• They should deal with matters in the discretionary field involving acts of justice, corruption or favouritism.
• Their proceedings should not be subject to judicial interference and they should have the maximum latitude and power in obtaining information relevant to their duties.
• They should not look forward to any-benefit or pecuniary advantage from the executive Government.

Nothing was done to pass he Bill to appoint the Lokapla ad Lokayukta till 2011. Under the pressure of an anti-corruption movements lunched by Anna Hazare, the bill was passed on December 17, 2013, by Rajyasabha and no December 18, 20113, by Lok sabha. The president of India gave assent to it on January 1, 2014, and came into force on January 16, 2014. In 2016 Lok Sabha agreed to amend the Lokpal Act.

Whilst Parliament continued to struggle unsuccessfully with Ombudsman legislation, several states in India took the initiative in the right direction. Act the state level. Orissa 

Was the first state to introduce a Lokyukta Bill in 1970. Maharashtra was the first state to establish the institution of the Lokyukta establish the institution of the including, Bihar, U.P., M.P., Assam, H.P., Gujrat, Kerala, Punjab, Haryana, West Bengal, Chhattisgarh, and Uttrakhand, have also passed Ombudsman Law. retired Supreme Court judge Pinaki Chandra Ghose is appointed as the first Lokpal of India by a committee consisting of Prime Minister Narendra Modi and Chief Justice of the Ranjan Gogoi and Lok Sabha speaker Sumitra Mahajan on 23 March 2019