Ombudsman in Administrative Law

The Ombudsman in administrative law embodies the essence of democracy by acting as a check and balance on governmental power. Their unwavering commitment to justice ensures that the rights of citizens are protected, that the rule of law is upheld and that government agencies are held accountable for their actions.

The Ombudsman in administrative law stands as a guardian of individual rights, a promoter of governmental transparency and a catalyst for continuous improvement in the functioning of the state. Through their diligence and dedication, they bolster the foundations of a just and equitable society.

Meaning of Ombudsman in Administrative Law

An Ombudsman in administrative law is an independent official or body appointed by the government to oversee and investigate complaints and grievances against administrative actions and decisions made by government agencies, departments or public officials.

The primary purpose of an Ombudsman in administrative law is to ensure transparency, fairness, accountability and adherence to legal and procedural standards within the administrative processes of the government.

This official is often referred to as a grievance officer. The Ombudsman’s job is to examine the complaints made by citizens when they believe that a government agency is not doing its job properly. In simple terms, if the government isn’t doing things right, citizens can report their concerns to this official, who works for the government but is independent and impartial.

Importance of Ombudsman in Administrative Law

Regarding the importance of the Ombudsman in administrative law, it’s essential to understand that this official is not a super administrator to whom you can appeal just because you’re not happy with a decision made by a government official. The main role of the Ombudsman is to investigate complaints of mismanagement or unfair treatment.

In terms of its usefulness, think of the Ombudsman in administrative law as a guardian of the government’s actions and a protector of regular people. The Ombudsman looks into all complaints made by citizens when they believe that the government is using its power improperly, not doing its job well or being unfair. The Ombudsman has extensive authority, including access to government records. People who file complaints don’t have to provide evidence; the Ombudsman investigates and can provide remedies to those who have been wronged.

The Ombudsman’s role is to make sure complaints are valid and address them appropriately. They can even take action on their own if they see a problem and their authority is not limited like that of a Civil Court.

Origin of Concept of Ombudsman

The idea of an Ombudsman first started in Sweden over two hundred years ago in 1809. As the twentieth century began, other European countries began to take notice of this system.

For instance, Finland established the Ombudsman institution in 1919, Denmark followed suit in 1955 and Norway did the same in 1961. Many European countries adopted the term “Ombudsman” for this role. However, some countries, like New Zealand, used the term “Parliamentary commission.”

In the early 1960s, the British government began to seriously consider creating a body to address people’s complaints about public administration and to protect against the misuse of power. In 1966, the British government appointed a Parliamentary Commissioner for this purpose. By 1973, this Parliamentary Commissioner also took on the role of a Health Commissioner.

Types of Ombudsmen

In 1962, during the “All India Lawyers’ Conference,” a social reformer named M.C. Setalvad proposed the idea of establishing an Ombudsman system in India to improve how the government functions.

An Ombudsman can be anyone, from an inspector general to a citizen advocate, appointed by the national legislature. Ombudsmen are also appointed at the state, local and municipal levels.

To handle complaints in a confidential, independent and impartial manner, the government appoints various Ombudsmen for different domains and issues. There are several types of Ombudsmen:

Organisational Ombudsman

These Ombudsmen review, administer and investigate complaints from employees, members or clients of public or private sector organisations regarding problems or policy violations. They ensure issues are properly addressed and communicate changes and conflicts within the organisation.

Classical Ombudsman

Appointed by the government, Classical Ombudsmen deal with problems and conflicts of the general public concerning authorities or the government itself. They have the authority to review and address public grievances and take appropriate actions.

Advocate Ombudsman

These Ombudsmen work in both the private and public sectors and are focused on publicly defending and advocating for persecuted individuals or groups. They are often found in social work entities or government agencies and primarily address policies practised by government entities or organisations.

Hybrid Ombudsman

Their main role is to informally investigate complaints from both private and public sectors. They have the power to conduct investigations and produce annual reports.

Legislative Ombudsman

As part of the government, Legislative Ombudsmen address issues, conflicts and disputes faced by the public when dealing with government agencies and branches. They emphasise issues related to government policies and legislation and can propose changes based on public demands.

Executive Ombudsman

These Ombudsmen assess complaints and failures in government conduct, involving government officers and authorities. They make public reports for reference and work with officials to improve individual experiences.

Media Ombudsman

These Ombudsmen investigate complaints in various news organisations and media outlets. They handle issues like false news, misleading advertisements, controversial statements, defamation cases and inappropriate customer-media relations to ensure fair resolution of conflicts and disputes in the media industry.

Powers and Functions of Ombudsman in Administrative Law

• One of the key roles of an Ombudsman is to safeguard the rights and freedoms of citizens. The establishment of the Ombudsman position primarily serves this purpose.
• In Scandinavian countries, the Ombudsman has an additional responsibility: supervising the general civil administration. This duty closely ties the Ombudsman’s role to the oversight of public administration.
• Many states, including some institutions similar to the Ombudsman, engage in the general supervision of government functions. This oversight is often referred to as monitoring the government’s performance.
• In certain countries, the Ombudsmen wield significant authority. For instance, in Sweden, the Ombudsman is empowered to investigate cases of corruption, in any form, not only involving government officials but also judges of the highest court.
• In the United Kingdom, the Parliamentary Commissioner, a British version of the Ombudsman, also serves as a Health Commissioner. In 1974, the British parliament passed a law to expand the jurisdiction of the Parliamentary Commissioner to cover local government matters. This allows local councillors to file complaints against local authorities and seek resolution for their grievances.
• Another crucial aspect of the Ombudsman’s role is the exercise of discretionary powers. These powers encompass a wide range of issues, including corruption, negligence, inefficiency and misbehaviour. How these powers are applied depends on the individual Ombudsman and their judgment.

Ombudsman in India

The success of the Ombudsman functions in other countries served as inspiration for the establishment of Lokpal and Lokayuktas in India. Lokpal functions as the Indian Ombudsman at the national level, while Lokayuktas serve as State Ombudsmen.

The idea of setting up an Ombudsman in India was first proposed by M.C. Setalvad at the All India Lawyers’ Conference in 1962.

In 1968, the Administrative Reforms Committee presented a proposal to the Government regarding the establishment of an Ombudsman. However, it wasn’t until 1971 that a bill was introduced for this purpose, but it ultimately did not pass.

Lokpal in India, established under the Lokpal Act of 2013, serves as a national anti-corruption ombudsman. Its role is to investigate complaints against public servants defined by the Lokpal Act, with the aim of combating corruption in India.

Salient features of The Lokpal and Lokayuktas Act, 2013

The Lokpal and Lokayuktas Act, 2013 established the Lokpal at the national level, which has the authority to investigate cases of corruption involving Members of Parliament and central government employees. Lokayuktas, on the other hand, operate at the state level and perform similar functions.

Both the Lokpal and Lokayuktas handle corruption charges against public officials, including the Prime Minister, but with certain safeguards in place. They conduct investigations and trials based on their findings.

The Act allows for the creation of Lokayuktas in each state with their respective powers, although it doesn’t clearly define the extent of these powers. This has resulted in variations in the powers of Lokayuktas across different states. To bring uniformity, there has been a proposal to implement Lokayuktas consistently across all Indian states. The Act also mandates that all states establish the office of the Lokpal and/or Lokayukta within one year from the commencement of the Act.

The Lokpal consists of a chairperson and a maximum of eight members. Half of the members are judicial and the other half are from SC/ST/OBCs, minorities and women.

Under the newly enacted Lokpal Act, corruptly acquired properties of government officials can be confiscated and attached even while proceedings against them are ongoing.

The Act requires all public officials to disclose their assets and liabilities as well as those of their dependents. It also provides protection for government officials who act as whistleblowers and an accompanying Whistle Blowers Protection Act has been enacted to support this aspect.

Composition of the Lokpal

The Lokpal office is composed of a Chairman and up to 8 members. The Chairman of the Lokpal can either be a current or former judge of the Supreme Court or the Chief Justice of a High Court. Alternatively, the Chairman can also be an eminent person known for their impeccable reputation and exceptional expertise, with at least 25 years of experience in areas such as anti-corruption policy, public administration, vigilance, law, management, finance (including insurance and banking) and related matters.

The powers of the Lokpal are defined in Section 25 of the 2013 Act. If the Lokpal receives a complaint under the Prevention of Corruption Act of 1988, it has the authority to initiate an investigation. If the complaint is substantiated during the investigation, the Lokpal can recommend that the government take disciplinary action against the accused public servants or file a corruption case in a special court.

Conclusion

The role of the Ombudsman in administrative law is pivotal in upholding the principles of transparency, fairness and accountability within the workings of government. This independent authority serves as a beacon of hope for individuals and organisations who encounter administrative issues, ensuring that their grievances are heard and resolved impartially.

The Ombudsman’s multifaceted functions, from mediating disputes to conducting thorough investigations, shine a light on potential shortcomings within the administrative apparatus. Through their recommendations and proactive measures, Ombudsmen help governments enhance their processes, reducing the likelihood of future conflicts.