Indias Ombudsman

The Parliament of India passed the historic Lokpal and Lokayuktas Bill, 2013, paving the ay
for esta!lishment of an *ombudsman to fight corruption in pu!lic offices and ensure
accounta!ility on the part of pu!lic officials, including the Prime "inister, !ut ith some
safeguards#
The !ill seeks to esta!lish Lokpal in $entre and Lokayukta in %tates# The !ill allos any citi&en
to make his'her complaints of corruption directly to the Lokpal or Lokayukta (an anti)corruption
authority* against any government official or elected representative# The term of the Lokpal ill
!e five years or till he or she is +0 years of age#
*Ombudsman: The modern use of the term began in Sweden, with the Swedish Parliamentary
Ombudsman instituted by the Instrument of Government of 180, to safeguard the rights of
!iti"ens by establishing a su#ervisory agen!y inde#endent of the e$e!utive bran!h%
&n ombudsman or #ubli! advo!ate is usually a##ointed by the government or by #arliament, but
with a signifi!ant degree of inde#enden!e, who is !harged with re#resenting the interests of
the #ubli! by investigating and addressing !om#laints of maladministration or violation of
rights% In general, an ombudsman is a state offi!ial a##ointed to #rovide a !he!' on government
a!tivity in the interests of the !iti"en, and to oversee the investigation of !om#laints of im#ro#er
government a!tivity against the !iti"en%
BACKGROUND
The term (o'#al as coined in 1,-3 !y Lakshmi "all %inghvi, a "em!er of Parliament during a
parliamentary de!ate a!out grievance mechanisms# The .dministrative /eforms $ommission
(./$* headed !y "orar0i 1esai su!mitted an interim report on )Problems of *edressal of
+iti"en,s Grievan!es- in 1,--# In this report, ./$ recommended the creation of to special
authorities designated as 2Lokpal3 and 2Lokayukta3 for redress of citi&ens3 grievances# The ord
as derived from the %anskrit ords )(o'- .#eo#le/ and )Pala- .#rote!tor0!areta'er/, meaning
2$aretaker of People3#
"aharashtra as the first state to introduce Lokayukta through )The 1aharashtra (o'ayu'ta
and 2#a3(o'ayu'tas &!t in 141-%
The Lokpal !ill as first introduced in the Lok %a!ha in 1,-4 !ut as not enacted5 lapsing after
the fourth Lok %a!ha session got dissolved# 6orty)four years after it as first introduced, ith
seven lapsed attempts and at least nine versions of the Lokpal !ill later, Parliament finally
reached consensus to pass it in the year 2013#The said !ill is an implementation of
the *Prevention of Corruption Act, 1988.
5The Prevention of Corruption Act, 1988 is a federal law ena!ted by the Parliament of India to
!ombat !orru#tion in government agen!ies and #ubli! se!tor businesses in India%
COMPOSITION
The Lokpal ill consist of a chairperson and a ma7imum of eight mem!ers, of hich fifty
percent shall !e 0udicial mem!ers# 6ifty percent mem!ers of Lokpal shall !e from among %$, %T,
8B$s, minorities and omen# The selection committee ill have Prime "inister, Lok %a!ha
%peaker, leader of the opposition in Lok %a!ha and the $hief 9ustice of India#
. fifth mem!er of the selection committee for selection of Lokpal under the category of
:eminent 0urist; may !e nominated !y the President#
PROVISIONS
1. It ill have 0urisdiction over all levels of pu!lic servants, including P"# But Lokpal can3t
initiate any pro!e against P" ithout consent of to thirds of its mem!ers# There can !e no
pro!e against P" on complaints relating to international relations, security, pu!lic order, atomic
energy and space#
2. <o prior sanction is re=uired for launching prosecution in cases pro!ed !y Lokpal or
investigated at its instance# Lokpal ill !e empoered to attach provisionally any ill)gotten
ealth even hile prosecution is pending# The attachment is su!0ect to confirmation !y court#
3. Lokpal ill have its on in=uiry ing for preliminary en=uiry# If a prima facie case is
esta!lished, Lokpal can refer the case for investigation to any agency, including the $BI# It ill
have poer of superintendence and direction over any investigating agency for all cases referred
!y it#
4. Lokpal ill have an independent prosecution ing# %eparating the $BI3s investigation and
prosecution functions, the Bill creates a directorate of prosecution linked to the agency# The
directorate ill !e headed !y a prosecutor reporting to the $BI director#
If the Lokpal decides to proceed on any complaint, it can order a preliminary in=uiry against any
pu!lic servant !y its In=uiry >ing or any agency, including the $BI, to ascertain if there is a
prima facie case (complaint ith sufficient evidence*# The pu!lic servant ill !e given an
opportunity of !eing heard#
In=uiry ill have to !e completed ithin -0 days and investigation to !e completed ithin si7
months# Before taking a decision on filing a chargesheet, the Lokpal may authorise its on
prosecution ing or the concerned investigating agency to initiate prosecution in special courts#
.nd the trial ill have to !e completed ithin to years#
5. Lokpal ill have poer of superintendence and direction over any investigation agency
including $BI for cases referred to them !y Lokpal# Transfer of $BI officers investigating cases
referred !y Lokpal ill !e done ith the approval of Lokpal#
6. The Bill enhances the ma7imum punishment for corruption from + years to 10 years# The
minimum term for any conviction in a corruption case ill !e 2 years#
7. The Bill makes it mandatory for every state to set up ithin a year a Lokayukta, the
corresponding om!udsman for pu!lic servants in states
WAY AHEAD
Lokpal Bill has kindled hopes of cur!ing graft, !ut more needs to !e done to !anish the menace#
>hile e should certainly cele!rate the passage of the Lokpal Bill, its eventual impact ill !e
contingent on ground level implementation#
To !e more effective, it needs to !e complemented !y other legislation such as one protecting
histle!loers, and enhanced investigative and prosecution skills#
It must include, in the first instance, four other steps?
1. /eforms in funding and financial accounta!ility of political parties# .ll political parties
must compulsorily make pu!lic their audited accounts every year, a step recommended !y
the @lection $ommission as far !ack as 200A#
2. . systematic increase in the neutral intervention of technology into as many areas as
possi!le here a layman has to deal ith government officials and departments# Intervention of
technology severs the role of human intermediaries in the interface !eteen citi&en and
government# "aking as many services part of online transactions is an important step in this
process#
3. 6inali&ation of a model legal frameork for ensuring transparency and fair play in all
transactions relating to the disposal and ac=uisition of national resources and government
procurement processes# 6or this it is essential to enact a comprehensive la that must include a
policy frameork instituting transparent competitive !idding as a mandatory norm#
4. Instituting deterrent actions in a time !ound and e7emplary manner for all acts of
corruption, hich, in turn, presupposes su!stantive 0udicial reforms to reduce dilatory 0udicial
processes leading to indefinite delay or even escape from punishment#
6inally, nothing em!oldens the corrupt more than the !elief that there ill !e negligi!le or no
conse=uences for their corrupt !ehaviour# The Lokpal as a silver lining ill, hopefully, contri!ute
in some measure to create the ne7us !eteen crime and punishment and can usher an era of
accounta!ility for one3s action, omission, corruption and nefarious ne7us#