Ombudsman is an e ective mechanism that can protect a person from administrative aws.

The term
ombudsman in terms of utility means a “watchdog of the administration” or the protector of the little
man”. This institution was rst developed in Sweden in 1809 and soon became a cherished importable
commodity the world over. It is a unique institution which leads to an “open government” by providing a
democratic control mechanism over the powers of the state. Its main catch is its apparent e ectiveness
despite minimal coercive capabilities.

Conceptually, an ombudsman is only a non-adversarial adjudicator of disputes. He serves as an

alternative to the adversary system for resolving disputes, especially between citizens and government
agencies. He is an independent and non-partisan o cer who deals with the speci c complaints from the
public against administrative injustice and maladministration. Certainly, an adversarial adjudication by
courts necessarily stands on a higher plane than a decision by ombudsman. Therefore if a matter is
pending before a court, ombudsman cannot exercise jurisdiction. (Durga Hotel Complex vs. Reserve
Bank of India, (2007) 5 SCC 120).

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An attempt to establish Lokpal (ombudsman) in India started in the year 1968 when the Lokpal and
Lokayuktas Bill, 1968 was introduced in the Parliament. Due to various circumstances no conclusion
could be drawn in various attempts. The demand for setting up the institution of Lokpal and Lokayukta
got new impetus in 2011 when social activist Anna Hazare went on fast unto death to push for the “Jan
Lokpal Bill” proposed by the civil society in India in view of all pervasive governance de cit in the
country. Finally this law got enacted through a noti cation in Gazette in the year 2014. Although till
date no Lokpal has been appointed.

It must be ensured that the law pertaining to ombudsman is in consonance with the constitution of
India and it must uphold rule of law. It should also not transgress the basic feature of our constitution. It
should always be kept in mind that Lokpal cannot be designed as a super legislature, executive and
judiciary without any representative and responsive character.

Though the birth of an ombudsman in the Centre is still doubtful, but for the states it has become a
cherished institution. The institution of Lokayukta is functioning in 13 States. These States are Andhra
Pradesh, Assam, Bihar, Gujarat, Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan,
Uttar Pradesh, Orissa, Punjab and Haryana. Delhi has also established the institution of ombudsman.

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Conclusion

Some of the reason responsible for the failure of this institution in India include lack of political will to
root out corruption, politicization of appointment of Lokayukta, lack of infrastructural facilities, lack of
administrative cooperation and political apathy, lack of independent investigatory machinery and
advisory nature of recommendations, etc.

To some extent the institution itself is responsible for its failure. Fact remains that any other institution
can be easily destroyed by lack of political will and bureaucratic apathy. Personal interest and not the
public interest is still the suprema lex. Remedy against administrative faults must be preventive and
punitive both.

Study Material

Author: Mayank Shekhar 

Mayank is a student at Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and
developing resources through blogging, educational resources, competitions, and seminars.

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