Ombudsman is a nonpartisan independent official outside the bureaucracy, who is vested with

the power to detect administrative lapses and faults, investigate, recommend corrective measures,
issue reports, among others. The office of Ombudsman oversees and inspects whether the
administrative officials are exercising their jurisdictional powers legally or not.

It creates procedures for redressing individual grievances to safeguard individual rights.  But, in
comparison with the umpteen institutionalisation of this office in the western developed
countries, the office of Ombudsman is stillborn in Bangladesh, even after forty years post-
adoption of the Constitution.

Article 77 of the Constitution and the Ombudsman Act, 1980 respectively stipulate the legitimate
existence and detailed provisions regarding the functioning of this office. Probably since the
establishment of the office was not made mandatory, rather was left to the sagacity and
discretion of the parliament, the vacuum of an ombudsman was not filled by the passage of time. 

Though the Ombudsman Act, 1980 is an exhaustive and distinctive Act, it has multiple
shortcomings. Only the head of the State has the discretionary power to appoint the ombudsman
considering the recommendations of parliament. 

Naturally, the ruling party will appoint the ombudsman as to their conveniences. For proper
functioning, it should be amended to ensure   that an ombudsman acceptable for all is put in
place through parliamentary consensus. Furthermore, the Ombudsman Act, 1980 excludes the
allegations on certain public functionaries such as MPs, ministers, judges etc.

The Act also does not include "acts of corruption" and "illegal acquisition of property". In a
country like Bangladesh, where corruption and impropriety has crossed all the endurable limits,
such a limitation can render the office of ombudsman teethless.

The Ombudsman shall be a person of known legal or administrative ability and prominent
integrity, according to Section 3(2) of the Ombudsman Act. In the same way that a person with
administrative ability may not also have the necessary legal ability, which is more crucial for the
position of Ombudsman, a person with legal competence may also lack this skill. The
Ombudsman must therefore possess both legal and administrative knowledge and experience.
The qualified ombudsman stated in this act is difficult to understand.

The Ombudsman has authority over ministries, statutory public authorities, and public
employees. Local governments and other public institutions are not included in the jurisdiction.
The government may exempt any public official or class of public officers from the application
of all or any of the Ombudsman Act's provisions, according to section 15 of the Act. This clause
gives the government the authority to restrict the Ombudsman's authority. The ombudsman lacks
the authority to investigate "acts of corruption" by public employees. Ingenious measures are
taken to keep some of the most significant public employees out of the ombudsman's grasp.

There is no statement of the extent of the Ombudsman's authority to punish anyone who
obstructs his or her duties. If an administrative authority rejects the Ombudsman's
recommendations, the Ombudsman may appeal to the President. Sadly, the President lacks any
executive authority to carry out the proposals under Bangladesh's current all-powerful legislative
system of government. Therefore, the ultimate goal might not be attained.

Why Ombudsman need in Bangladesh?

The Ombudsman can play a vital role in setting up an honest, efficient working department.The
functions of the Ombudsman are to oversee the activities of the public administration and the
courts. He has to investigate allegations against illegal activity, neglect of duty and abuse of
power. In particular, he has to keep an eye on fraudulent crimes and abuses of power and
againstanti-justice activities.

The Ombudsman shall take action against any responsible officer in violation of the
Constitutionor the laws of the country or by the administrative authorities. In general, the
purpose of theOmbudsman is to provide equality, honesty and transparency in the work of public
officials, andto impose control on the activities of public officials in any field of administration
in particular;Keeping an eye on government officials so as not to deviate from the duties.

Ombudsman in Bangladesh:A step towards Good Governance

In recent times the issues of good governance have received wide attention from the
policymakers, researchers and the international donor agencies. The existence of Ombudsman
promotes good governance around the world by ensuring administrative accountability and

The Ombudsman's discretion alone shouldn't serve as the foundation. The 1980 Act made no
mention of administrative misconduct. The arbitrary behavior of government employees, often
known as maladministration without corruption, is a major source of public complaints. The
entire institution would be severely undermined if the Ombudsman was unable to handle them.
The Ombudsman's ability to take cases on his own initiative is likewise unclear. The Act makes
no mention of the Ombudsman's working methods in our nation.
The government is given the authority to enact regulations under Article 77 to carry out the Act's
objectives. The possibility that the government could use general laws to sway the Ombudsman
in its favor could be problematic.

No one may be coerced to provide information, respond to inquiries, or produce so much

documentation as to endanger Bangladesh's security, defense, or international relations,
according to Section 8(5) of the Act.

For the purposes set forth above, a certificate issued by a Secretary of the Government certifying
that any information, response, or portion of a document is of the type previously indicated shall
be conclusive and binding.

The power granted to the secretary appears absurd and at odds with the entire idea of an
Ombudsman, who is meant to safeguard the public from the excesses of bureaucracy.

In a nation like Bangladesh, where it is alleged that such influences are widespread, it is possible
that the Secretary to the Government will be swayed by internal and external factors when
exercising this authority, including his or her own interests, the interests of his or her class, or
political pressure. The Ombudsman's access to information could be restricted by the
government. The ombudsman's authority thus appears to be constrained.

The ombudsman is not permitted by this Act to investigate complaints made against the
President, Prime Minister, cabinet members, and PSC chairman. The ombudsman is not
permitted to investigate grievances against local government entities.

The Ombudsman lacks any real independence under the Act. To spend money, he needs approval
from at least three ministers, including the ministry of finance. The Law Commission report
claims that current regulations would probably turn the Ombudsman's office into a toothless
tiger.

Potential remedies 1. The Ombudsman's authority during the inquiry process needs to be
expanded. 2. The investigation of complaints against the President, Prime Minister, cabinet
members, and PSC chairman should be covered by this Act. 3. The local government bodies'
objections should be investigated by the ombudsman office. 4. The government should be
required to guarantee the ombudsman's appropriate independence. 5. The ombudsman should
have authority regarding instances of corrupt behavior in government and the purchase of
illegally acquired property. 6. All ministries and public activities should fall under the
ombudsman's supervision.