OMBUDSMAN IN INDIA
1
INTRODUCTION
• An ombudsman is a person who acts as a trusted intermediary
between an organization and some internal or external
constituency and represents not only but mostly the broad
scope of constituent interests
• The Government of India has designated several ombudsmen
for the redress of grievances and complaints from individuals in
the banking, insurance and other sectors being serviced by both
private and public bodies and corporations.
2
HISTORY
• In 1809, the institution of ombudsman was inaugurated officially in Sweden.
• In India, the concept of constitutional ombudsman was first proposed by the then law
minister Ashok Kumar Sen in parliament in the early 1960s.
• The term Lokpal and Lokayukta were coined by Dr. L. M. Singhvi.
• In 1966, the First Administrative Reforms Commission recommended the setting
up of two independent authorities- at the central and state level, to look into
complaints against public functionaries, including MPs.
3
CONTINUED…
• In 1968, Lokpal bill was passed in Lok Sabha but lapsed with
the dissolution of Lok Sabha and since then it has lapsed in the
Lok Sabha many times.
• Till 2011 eight attempts were made to pass the Bill, but all
attemts failed.
• In 2002, the Commission to Review the Working of the
Constitution headed by M.N. Venkatachaliah
recommended the appointment of the Lokpal and
Lokayuktas; also recommended that the PM be kept out of
the ambit of the authority.
4
CONTINUED…
• In 2005, the Second Administrative Reforms Commission chaired by Mr.
Veerappa Moily recommended that the office of Lokpal should be established
without delay.
• In 2011, the government formed a Group of Ministers, chaired by Mr. Pranab
Mukherjee, Indian Politician and Former President, to suggest measures to
tackle corruption and examine the proposal of a Lokpal Bill.
• "India Against Corruption Movement" led by Anna Hazare put pressure on the
United Progressive Alliance (UPA) government at the Centre and resulted in the
passing of the Lokpal and Lokayuktas Bill, 2013, in both the Houses of Parliament.
• It received assent from President on 1 January 2014 and came into force on 16
January 2014.
5
CONTINUED…
• The CVC ( Central Vigilance Commission ) was set up on
the recommendation of the Santhanam Committee (1962–
64).
• The Ombudsman in India are sometimes refereed to as
Chief Vigilance Officer or CVO.
6
LOKPAL AND LOKAYUKTA ACT, 2013
• The Lokpal and Lokayukta Act, 2013 provided for the establishment of
Lokpal for the Union and Lokayukta for States.
• These institutions are statutory bodies without any constitutional status.
• They perform the function of an "ombudsman” and inquire into allegations
of corruption against certain public functionaries and for related matters.
7
STRUCTURE OF LOKPAL
• Lokpal is a multi-member body, that consists of one chairperson and a maximum of 8
members.
• Chairperson of the Lokpal should be either the former Chief Justice of India or the former
Judge of Supreme Court or an eminent person with impeccable integrity and outstanding
ability, having special knowledge and expertise of minimum 25 years in the matters
relating to anti-corruption policy, public administration, vigilance, finance including
insurance and banking, law and management.
8
CONTINUED…
• Out of the maximum eight members, half will be judicial members and
minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities
and women.
• The judicial member of the Lokpal either a former Judge of the
Supreme Court or a former Chief Justice of a High Court.
• The non-judicial member should be an eminent person with impeccable
integrity and outstanding ability, having special knowledge and
expertise of minimum 25 years in the matters relating to anti-corruption
policy, public administration, vigilance, finance including insurance and
banking, law and management
9
TENURE AND SELECTION COMMITTEE
• The term of office for Lokpal Chairman and Members is 5 years or
till the age of 70 years.
• The members are appointed by the president on the recommendation
of a Selection Committee.
• The selection committee is composed of the Prime Minister who is the
Chairperson; Speaker of Lok Sabha, Leader of Opposition in Lok
Sabha, Chief Justice of India or a Judge nominated by him/her and One
eminent jurist.
• For selecting the chairperson and the members, the selection committee
constitutes a search panel of at least eight persons.
10
SEARCH COMMITTEE
• Who Constitutes: Selection Committee.
• For What Purpose: For selecting Chairman and Members of Lokpal and
preparing panel of persons to be considered for such appointment.
• Provided that the Selection Committee may also consider any person other
than persons recommended by Search Committee.
• Number of members: Seven
11
POWERS
• Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament,
Groups A, B, C and D officers and officials of Central Government.
• Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption
relating to international relations, security, the public order, atomic energy and space.
• The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything
said in Parliament or a vote given there.
• Its jurisdiction also includes any person who is or has been in charge (director/ manager/
secretary) of anybody/ society set up by central act or any other body financed/ controlled
by central government and any other person involved in act of abetting, bribe giving
or bribe taking.
12
CONTINUED…
• The Lokpal Act mandates that all public officials should furnish the assets and
liabilities of themselves as well as their respective dependents.
• The Inquiry Wing of the Lokpal has been vested with the powers of a civil
court.
• Lokpal has powers of confiscation of assets, proceeds, receipts and benefits
arisen or procured by means of corruption in special circumstances.
• Lokpal has the power to recommend transfer or suspension of public
servant connected with allegation of corruption.
• Lokpal has the power to give directions to prevent the destruction of
records during the preliminary inquiry.
13
UPDATES
• First Lokpal – PINAKI Chandra Ghosh- appointed in
2019
• Maharashtra was the first state to introduce the institution
of Lokayukta- 1971
• Haryana-Institution of Lokayukta abolished by an
ordinance
14
Thank You for your Patient Listening
15
