Ombudsman in india

• 2. 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.

• 3. Cntd.. An ombudsman is an official, usually appointed by the government or by

parliament, who is charged with representing the interests of the public by investigating and
addressing complaints reported by individual citizens.

• 4. Cntd… An Ombudsman Is usually appointed by the organization, but sometimes elected

by the constituency. may, for example, investigate constituent complaints relating to the organization
and attempt to resolve them, usually through recommendations or mediation. may sometimes
identify organizational roadblocks running counter to constituent interests.

• 5. Cntd.. In some jurisdictions an ombudsman charged with the handling of concerns about
national government is more formally referred to as the " Parliamentary Commissioner "
(e.g., the United Kingdom Parliamentary Commissioner for Administration, and the Western
Australian state Ombudsman). In many countries where the ombudsman's remit extends beyond
dealing with alleged maladministration to promoting and protecting human rights, the ombudsman is
recognized as the national human rights institution .

• 6. OMBUDSMAN IN INDIA 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. The Ombudsman in India
are sometimes refereed to as Chief Vigilance Officer or CVO. The CVC ( Central Vigilance
Commission ) was set up on the recommendation of the Santhanam Committee (1962–64).

• 7. LOKPAL & LOKAYUKTA In India, the Ombudsman is more commonly known as the
Lokpal or Lokayukta . An Administrative Reforms Commission (ARC) was set up on 5 January 1966
under the Chairmanship of Shri Morarji Desai. It recommended a two-tier machinery: Lokpal at the
Centre (parliamentary commissioner, as in New Zealand) and one Lokayukta each at the State level
for redress of people's grievances.

• 8. Cntd.. However, the jurisdiction of the Lokpal did not extend to the judiciary (as in New
Zealand). The central Government introduced the first Lokpal Bill, Lokpal and Lokayuktas Bill in
1968, and further legislation was introduced in 2005, but has so far not been enacted.

• 9. LOKAYUKTA The state-level Lokayukta institution has developed gradually. Maharashtra

was the first to establish the institution, in 1972. Orissa was the first state to present a bill on
establishment of Lokayukta in 1970.

• 10. Cntd… Other states followed: Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh
(1981), Andhra Pradesh (1983), Himachal Pradesh (1983), Karnataka (1984), Assam (1986),
Gujarat (1988), Delhi (1995), Punjab (1996), Kerala (1998), Chattishgarh (2002), Uttaranchal (2002),
West Bengal (2003) and Haryana (2004).

• 11. Status of LOKAYUKTA in India The structure of the Lokayukta is not uniform across all
the states. Some states have UpaLokayukta under the Lokayukta and in some states, the Lokayukta
does not have suo moto powers of instigating an enquiry.
• 12. Cntd.. Kerala State has an Ombudsman for Local Self Government institutions like
Panchayats, Municipalities and Corporations. He or she can enquire/investigate into allegations of
action, inaction, corruption and maladministration. A retired Judge of the High Court is appointed by
the Governor for a term of three years, under the Kerala Panchayat Raj Act. In the State of
Rajasthan, the Lokayukta institution was established in 1973 after the Rajasthan Lokayukta and Up-
Lokayuktas Act, 1973 was passed by the State Legislature.

• 13. Ombudsman in various sectors Electrictiy Ombudsman Insurance ombudsman Banking

ombudsman Income tax ombudsman Anti corruption ombudsman

• 14. CONCLUSION The 2011 Indian anti-corruption movement led by social activist Anna
Hazare includes in its demands the creation of a stronger ombudsman agency (with jurisdiction over
all state institutions) through the enactment of a Jan Lokpal Bill , as an alternative to the Lokpal Bill
proposed by the government in 2010.

An ombudsman or public advocate is usually appointed by the government or by parliament, but with a
significant degree of independence, who is charged with representing the interests of the public by
investigating and addressing complaints of maladministration or violation of rights. In some countries
an Inspector General, Citizen Advocate or other official may have duties similar to those of a national
ombudsman, and may also be appointed by the legislature. Below the national level an ombudsman may
be appointed by a state, local or municipal government, and unofficial ombudsmen may be appointed by,
or even work for, a corporation such as a utility supplier or a newspaper, for an NGO, or for a professional
regulatory body.

Whether appointed by the legislature, the executive, or an organization (or, less frequently, elected by the
constituency that he or she serves), the typical duties of an ombudsman are to investigate complaints and
attempt to resolve them, usually through recommendations (binding or not) or mediation. Ombudsmen
sometimes also aim to identify systemic issues leading to poor service or breaches of people's rights. At
the national level, most ombudsmen have a wide mandate to deal with the entire public sector, and
sometimes also elements of the private sector (for example, contracted service providers). In some
cases, there is a more restricted mandate, for example with particular sectors of society. More recent
developments have included the creation of specialized Children's Ombudsman and Information
Commissioner agencies.

In some jurisdictions an ombudsman is charged with the handling of concerns about national government
is more formally referred to as the "Parliamentary Commissioner" (e.g. theUnited Kingdom Parliamentary
Commissioner for Administration, and the Western Australian state Ombudsman). In many countries
where the ombudsman's remit extends beyond dealing with alleged maladministration to promoting and
protecting human rights, the ombudsman is recognized as the national human rights institution. The post
of ombudsman had by the end of the 20th century been instituted by most governments and by some
intergovernmental organizations such as the European Union.

Making a complaint to an ombudsman is usually free of charge.

India[edit]
The Government of India has designated several ombudsmen (sometimes called Chief Vigilance
Officer (CVO)) 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. [63] The CVC (Central
Vigilance Commission) was set up on the recommendation of the Santhanam Committee (1962–64).

Lokpal[edit]
Main article: Lokpal

In India, the Ombudsman is known as the Lokpal or Lokayukta. An Administrative Reforms

Commission (ARC) was set up on 5 January 1966 under the Chairmanship of Shri Morarji Desai. It
recommended a two-tier machinery: Lokpal at the Centre (parliamentary commissioner, as in New
Zealand) and one Lokayukta each at the State level for redress of people's grievances. However, the
jurisdiction of the Lokpal did not extend to the judiciary (as in case of New Zealand). The central
Government introduced the first Lokpal Bill, Lokpal and Lokayuktas Bill in 1968, and further legislation
was introduced in 2005. Final bill, after all the amendments, has been passed in Rajya Sabha on 17
December 2013 and passed in Loksabha on 18 December 2013. [64]

Lokayukta[edit]
Main article: Lokayukta

The state-level Lokayukta institution has developed gradually. Orissa was the first state to present a bill
on establishment of Lokayukta in 1970, but Maharashtra was the first to establish the institution, in 1972.
Other states followed: Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh (1981), Andhra Pradesh
(1983), Himachal Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988), Delhi (1995), Punjab
(1996), Kerala (1998), Chhattishgarh (2002), Uttaranchal (2002), West Bengal (2003) and Haryana
(2004). The structure of the Lokayukta is not uniform across all the states. Some states
have UpaLokayukta under the Lokayukta and in some states, the Lokayukta does not have suo
moto powers of instigating an enquiry.

Kerala State has an Ombudsman for Local Self Government institutions like Panchayats, Municipalities
and Corporations.[65] He can enquire/investigate into allegations of action, inaction, corruption and
maladministration. A retired Judge of the High Court is appointed by the Governor for a term of three
years, under the Kerala Panchayat Raj Act.

In the State of Rajasthan, the Lokayukta institution was established in 1973 after the Rajasthan Lokayukta
and Up-Lokayuktas Act, 1973 was passed by the State Legislature.

Anti-corruption movements[edit]
See also: 2011 Indian anti-corruption movement and 2012 Indian anti-corruption movement

The 2011 Indian anti-corruption movement led by social activist Anna Hazare includes in its demands the
creation of a stronger ombudsman agency (with jurisdiction over all state institutions) through the
enactment of a Jan Lokpal Bill, as an alternative to the Lokpal Bill proposed by the government in 2010.
Delegated legislation

In Administrative Law, Delegated legislation is law made by an executive authority under powers given
to them by primary legislation in order to implement and administer the requirements of that primary
legislation. It is law made by a person or body other than the legislature but with the legislature's
authority.

Generally, delegation of legislation is necessary because the law can by an expert or a local body which
has a better understanding, knowledge and expertise than the Legislature.

It is also known as 'secondary legislation' or 'subordinate legislation'.

It is now firmly established that Excessive delegation is unconstitutional.

Classification of Delegated legislation

Delegated legislation can be classified on the basis of the nature of the power conferred on administrative
authorities.

 Appointment Day Clause: Empowers executive authority to determine the day for the
commencement of the Act
 Skeleton Legislation: Legislature enacts the skeleton and administration has to provide the flesh
through subordinate legislation

 Power of inclusion and exclusion: Application of the Act can be expanded or restricted by making
additions or deletions in the schedule through delegated legislation

 Power of extension and application of existing laws: Some statute confers powers on the
Government to adopt and apply laws existing in other states with incidental changes to a new State.

 Power of suspension: Power delegated to the Government to suspend or to make exemption

from all or any of the provisions of the Act

 Power of modification: Power on the executive to modify the statute itself.

 Delhi Laws Act case: Power of modification should not be used in such a manner so as to
change the essential policy of the Act in question
 Power to remove difficulties: Nicknamed "Henry VIII Clause", power to modify a statute may be
conferred on the Government by a removal of difficulties clause. The King is regarded popularly as
the impersonation of executive autocracy.

 Power to prescribe punishment: In US, the penalty for violation of rules can be fixed by the
legislature and not by the authority. However, in England, the power to impose penalty has been
delegated in some statute.

 Power to impose tax

 Conditional Legislation

Read more: http://www.lawnotes.in/Delegated_legislation#ixzz2tfm1RWha