Table of Contents

Introduction: ................................................................................................................................................. 1
The Challenges for the establishment of the office of ombudsman: ........................................................... 1
The prosperities for the establishment of the office of ombudsman .......................................................... 2
Conclusion: .................................................................................................................................................... 3
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Introduction: The position of the "ombudsman" is particularly crucial in maintaining the

accountability of state institutions and in solidifying the welfare state in order to increase public
administration's effectiveness and responsibility in the modern state system. The "Nayapal"
system has already been implemented (under various names) in more than a hundred nations
worldwide. The constitutions and laws of numerous nations have outlined the duties,
qualifications, and other requirements for the position of "Ombudsman."
In Bangladesh the inclusion of an ombudsman is one of the distinctive aspects of the
Bangladeshi constitution. To fix the administrative irregularities, the ombudsman issue was
placed in the constitution. But even after nearly half a century of independence, the Ombudsman
has not been appointed till date.

The Challenges for the establishment of the office of ombudsman: There are
so many challenges to appoint “Ombudsman” in our country. Some challenges has been describe
below-

 According to article 77 of the Constitution of Bangladesh, 'Parliament may by law make

provision for the establishment of the office of Ombudsman. 1As per this article
parliament will enact a law for the establishment of the office of ombudsman. As no
deadline been fixed in the provision, here comes the millionaire question that when the
parliament will enact a law to establish the office of ombudsman. The ruling party always
takes advantage of this loopholes.2
And that's why even after 52 years of our independence, we could not establish an
ombudsman.
 Another important reason for not establishing an ombudsman is that the bureaucrats in
our country are much more powerful. So they don't want a stronger position to be created
from them to which they have to be held accountable.
 In order to appoint ombudsman, it is necessary to build a collective movement at the
national level to eliminate disorganization, irregularities and corruption. It can only be
created when people of all classes and professions join this stream. It is important to

1
Nadim Jawad Akil, ‘Absence of the office of ombudsman: 48 years and counting’ The Daily
Star (Dhaka, 10 Novembre 2020) C3.
2
Salahuddin Babar, ‘Reluctance to ombudsman’ Naya Diganta (Dhaka, 07 April 2019) C2.
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involve the political parties of the country for this unity. But in the current political
situation, there is very little chance of creating such unity..
 The political authorities may also have the fear that if the post of ombudsman been
established than the role they play from behind comes out when the bureaucrats start to
tussle, they may be in danger along with the bureaucrats. The political authority of the
government in our country, they are very reluctant to face any kind of accountability as
they themselves are not transparent. So it is another obstacle to establish ombudsman in
our country.
 Another significant barrier is the lack of development of the concept of ombudsman in
our country.

In my understandings these are some challenges we have as a developing country to establish an

office for ombudsman. If one day we can overcome these obstacles, it will be very easy for us to
establish an ombudsman.

The prosperities for the establishment of the office of ombudsman: It

should be noted that in Article 77 of the Constitution of 1972, drafted by the Constituent
Assembly, led by the visionary Bangabandhu Sheikh Mujibur Rahman, Father of the Nation, the
issue of creating the position of "Ombudsman" was given more weight immediately following
the establishment of Bangladesh through the Great War of Liberation. The Constitution's Article
77(1), (2), and (3) outlines the creation of the position of "Ombudsman," as well as the duties,
responsibilities, and legal framework required for it. However, after Bangabandhu's martyrdom,
democracy's practice and growth were interrupted for a considerable amount of time, therefore
the position of Ombudsman was not established in the nation in according to the constitution.
The "Nayapal Act" was enacted in the nation in 1980, although it had several shortcomings. A
"Tax Ombudsman" post was later established in the country in 2005, however the initiative was
unsuccessful.3
Currently, the government is accelerating democratic institutions as well as public administration
across the country. The Anti-Corruption Commission has been significantly strengthened in

3
Ikram Ahmed, ‘How important is the ombudsman in establishing good governance?’ Prothom
Alo (Dhaka, 7 October 2021) C8.
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comparison to earlier. On the one hand, organizations like the Human Rights Commission,
Information Commission, Directorate of Consumer Rights Protection, etc. have been established.
Additionally more organized than before are the Public Service Commission and the Election
Commission. A number of statutory, independent, and regulatory agencies have also been given
more power than before. Other measures to expedite the legal process include the use of fast
track courts, various tribunals, administrative appellate courts, etc. Additionally, government
workers now receive much higher salary and perks. At the field level, there are now much more
officials and workers participating in developmental operations. In addition to establishing food
self-sufficiency, individuals also need to have access to healthcare, education, and housing. A
fantastic program is currently being implemented to meet these needs. The scope of social
protection for average citizens is gradually growing to include old age benefits. Due to these
extensive and varied efforts, there is a great deal of hope that through easing the pain of the
people, the nation will be transformed into one that is truly developed and welfare-oriented. In
this regard, it can be claimed that the country's existing conditions are favorable for the
establishment of the position of constitutional "ombudsman."

Conclusion: Bangladesh requires the appointment of such ombudsmen who can examine
complaints made against every public official, including cabinet ministers, MPs, the central
bureaucracy, local representatives, military personnel, judicial bodies, etc., and who can ensure
that they will take legal, non-discriminatory, fair actions without taking into account unrelated
factors. Through them, biases, corruption, and nepotism in the public sector would be eliminated.
The appointment of an ombudsman will confirm that Bangladesh will have a stronger, more
orderly democracy, with a strong emphasis on the rule of law.