TITLE OF PROJECT:

A Detailed Study On the Concept of Ombudsman with Special Refermce to First All India
Conference of Lokayuktas and Upalokayuktas 1986’

SUBMITTED BY
Heet Jhaveri

Tanmay Karmarkar

PRN:
16010324229

16010324231

BBA.LLB

DIVISION: C
Batch – 2016 – 21

Symbiosis Law School, Hyderabad

Symbiosis International (Deemed University), Pune

In

September, 2018

Under the guidance of

Dr. Priyanka Mohod

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 CERTIFICATE

The project entitled ‘A detailed study on the concept of Ombudsman with special refermce to

First All India Conference of Lokayuktas and Upalokayuktas 1986’ Submitted to the

Symbiosis Law School, Hyderabad for Interpretation of Statutes as part of internal

assessment is my original work carried out under the guidance of Prof. Shrishti Khare from

June to September. The research work has not been submitted elsewhere for award of any

publication or degree.

The material borrowed from other sources and incorporated in the work has been duly

acknowledged. I understand that I myself could be held responsible and accountable for

plagiarism, if any, detected later on.

Signature of the candidate

Date: 23 Sep. 18

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 ACKNOWLEDGEMENT

I would like to express our sincere gratitude and indebtedness to Dr. Priyanka Mohod for her

enlightening lectures on Property Law and her continuous guidance. I would also like to

express my sincere thanks to our teaching staff for guiding the path towards gaining

knowledge. I would also like to thank Symbiosis Law School, Hyderabad, and library for the

wealth of information therein. I would like to thank Library Staff as well for their co-

operation. I would also like to thank my batch mates who inspired, helped and guided us in

making this project.

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 INDEX

Sr.No TOPIC Pg.No

1 INTRODUCTION 5

2 ORIGIN AND DEVELOPMENT 6

3 REASON FRO HAVING OMBUDSMAN IN INDIA 6-8

4 LOKPAL AND LOKAYUKTAS 9-14

5 CRITICAL ANALYSIS 14-18

6 COCNCLUSION 19-20

7 BIBLIOGRAPHY 21

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 1. INTRODUCTION

The term "ombudsman", as used throughout the world, has become a mechanism for
managing grievances. Originally a Swedish word, the term refers to "an official appointed by
the legislature to deal with complaints against administrative and judicial proceedings." In
simple terms, the Ombudsman is empowered under a statute to provide compensation for
grievances of citizens against the administration in a confidential and informal manner can
deal with complaints of injustice arising from mismanagement.1 In addition to
mismanagement, you are also required to deal with allegations of corruption. The image
conjured up before our eyes when we call it the "ombudsman" is the image of a person who is
much higher than the average man, who has good judgment and patience, and yearns to work
for those who were at a time or age. Another subject of unfair treatment by experts in the
field of art and the Office of Public Administration. On the other hand, experts in public
administration believe that as a counterbalance they also see that the administration does not
weaken morale for trivial complaints.

The Ombudsman is also known as a "legislative committee to investigate citizen complaints

of bureaucratic abuse". The 32nd American Association called it "a high-level independent
official who receives complaints and issues and makes recommendations for appropriate
action.”. He can also investigate on his own. Provides periodic public reports. Its corrective
weapons are persuasion, criticism and propaganda cannot, as a legal issue, reverse the
administrative procedure. "

In essence, the ombudsman is the authority to review the administrative procedures of various
government departments from the point of view of citizen complaints. It was described as an
"important accessory to the government mechanism," calling him "an ally of an independent
legal and judicial profession" and declaring that he "can adapt to almost any democratic
term."

1
Anderson, S.V. "Ombudsman", in Encyclopaedia Britannica

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 2. ORIGIN AND DEVELOPMENT

As mentioned above, the Ombudsman Foundation was established in Sweden. After the
hysteria has taken over many other countries in the world such as Finland, Denmark, Norway
and England. Now the developing countries are also testing them. Guyana, Mauritius,
Tanzania and India. In Guyana, Chapter V of its Constitution dealing with the executive
branch also deals with the Office of the Ombudsman. Mauritius devotes the entire Chapter IX
of its Constitution to the Ombudsman. The Tanzania Interim Constitution 8 and the Law of
the Permanent Commission of Inquiry No. 5 of 1966 (as amended by Law No. 2 and No. 36
of 1968) 8 provide for the establishment of a permanent commission of inquiry with the same
function as the Ombudsman. Therefore, the double purpose of any administrative control can
be (1) to make the administration free from corruption and mismanagement and (2) make it
respond to the wishes of the people. Each of these objectives, if observed closely, is two sides
of a single coin. This can be achieved, in concrete terms, if citizens have the opportunity to
air their complaints against administrators and administrative agencies, to obtain redress, be
accused, arrest, punish or correct the wrongdoers. The Administrative Reform Committee,
which was appointed in 1966, unanimously recommended that the type of ombudsman
machines in India should also be established. A bill was sent to the Ombudsman of India in
Lok Sabha in May 1968 and then to the Minister of the Interior on May 9, 1968. It was issued
in August 1969.2

3. REASON FOR HAVING AN OMBUDSMAN FOR INDIA

There are already many mechanisms to assist citizens in this regard. These include legislative
bodies, courts, administrative bodies themselves, the press, political parties and lobbyists. In
addition, special investigative procedures are adopted to highlight cases of mismanagement
and corruption.

Legislative resources are the various parliamentary mechanisms, including committees

through which the functions of executive power are reviewed in the House of

2
The Commission was appointed on Jan. 5, 1966 by the President by a Government of India Notification No.
40/3/65-AR (P) and besides the Chairman Shri Morarji Desai, had Shri K. Hanumanthaiya (who became the
Chairman later on), Shri Debbrata Mukherjee, Shri Harish Chandra Mathur, Shri H.V. Kamath and Shri V.
Shankar.

6
Representatives. Therefore, information is obtained from the executive at the time of the
question; public complaints are broadcast in budget debates; policy is criticized through
proposals and decisions. The financial committees, the General Accounts Committee, the
Appraisal Committee and the Public Companies Committee, review the financial and
economic management of the country as a whole. There is a committee of government
guarantees that follows the guarantee on the home floor and reports on its implementation.
The Petitions Committee examines petitions submitted to Parliament by citizens, either
directly or from the legislature. However, the experiences of other countries in India
demonstrate that the right to complain to a member does not meet the problem. Citizens often
do not know this way and in no way are they enough 3. They may feel that the member is not
neutral because of his party affiliation.Then, lawmakers in politics matters, rarely in the
struggle against the individual difficulties of citizens. In general, they cannot access
developments. In the best case, they can request information or comments through
correspondence or request information through questions in the legislature. In any case, it
remains for officials or ministers to decide and how to say so. In countries with a
parliamentary form of government with a dominant party or party system, officials tend to
control parliament and maintain secrecy traditions, and it is difficult to raise mismanagement
issues. The only other recourse is for the member, even with insufficient information, to
discuss complaints in Parliament. In this case, it will become a political battle with the dice
charged in favour of the minister. "Even in countries where there is separation of powers or
multi-party mode, where there is no executive power, there are usually no organs in the
legislature." Dealing with administrative complaints, with the ability to access facts, study
neutral evidence, when injustice is found, propose appropriate treatment.4

Governments in the modern era around the world have become highly discretionary. If this
power is abused, it can endanger one's life, liberty and property. The ombudsman needed one
of the weapons in the arsenal of the control mechanism provided for in administrative law to
match the increasing complexity of the administration.

According to the heroes of the Ombudsman Foundation in India, there are several reasons to
install them here. After India replaced the British, India's administrative structure was full of
the enormous task of confronting the secondary effects of World War II. The economic crisis,
floods and famine were enough to break nerves. In addition, India has taken a path to

3
Bill No. 51 of 1968. The Lokpal and Lokayuktas Bill 1968.
4
Indian Journal of Public Administration , 592, 603

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ambitious and revolutionary plans that require a complete reorganization of the
administrative structure. Directors were armed with greater force and, therefore, there was a
greater need to protect the citizen from the exercise of arbitrary or unfair power by him.

3.1Earlier efforts:

The Indian Constitution is an Ombudsman in another name to keep accounts. He was the
Controller and Auditor General5

Prior to the creation of the Ombudsman Foundation, the Government had already made
numerous efforts and other public service diseases on Committee C, which was established
by the Ministry of the Interior, Delhi. The central government established research agencies
and special police institutions, which had to face special problems that revealed the lack of
public and ethical morals on the part of public officials and companies. Some states, such as
the new state of Uttar Pradesh, have been created for deputy police (corruption) to address
these problems. In many states, vigilante bodies have been operating since recent times.

In addition, many other efforts have been made in recent years to find ways to eliminate or
minimize corruption and mismanagement. Managers Gurwala 1951, Gajendragadkar
expressions about the role of officials in a democratic welfare state and many similar studies
in assessing the need for the Defender of the successful planning of India are all evidence that
supports the fact that thinking seriously going on in the country to reduce inefficiency,
mismanagement and corruption.

5
Constitution of India

8
 4. LOKPAL AND LOKAYUKTAS

(a) Its origin in India.

The case concerning the Ombudsman of India was raised in Parliament on 3 April 1963 when
the Privileges Requests for the Ministry of Law were discussed. The administrative reform
committees in Rajasthan and Maharashtra recommended the establishment of this institution
at the state level. The Governments of Kerala and Bihar also considered the matter. The
Minister of the Interior made a statement before the Parliament on December 16, 1963, and
recognized the importance and urgency of providing a mechanism to examine citizens'
grievances against the administration. Subsequently, several commissions of inquiry were
appointed under the Law of the Commission of Inquiry to investigate the conduct of key
ministers and ministers of several states. All this demonstrates the awareness and necessity of
an agency that not only investigates accusations against the prime minister, ministers, deputy
ministers and other government officials, but also investigates mismanagement and hears
complaints from citizens. Lokpal bill contemplates the Ombudsman on two levels. On one
level is Lokpal, who must investigate any action taken by or with special or special consent
of the Minister or Secretary. In the second level, the Lokayuktas or two of the Lokayuktas to
investigate any action taken by or with the general or special approval of the official of the
lower rank of the Secretary. The Minister means a person who is a member of the Council of
Ministers of the Union Government and includes a Deputy Minister. (20) An employee is a
person designated for a public service or a position with respect to matters of the Union.
Ministers and officials of the Union. The regions of the Union, as defined in the Trade Union
Territories Act of 1963, have been submitted to Lokpal or Lokayuktas under this Act. * There
has been controversy over the dispute over the functions of Lukal with the constitutional
principle of ministerial responsibility, and parliamentary oversight. But you must remember
that Lokpal is not allowed to take any direct action against any wrong minister. You simply
have to report to parliament about the power to take action against ministers. 6

6
OMBUDSMAN IN INDIA
Author(s): Sarojini Sharan
Source: The Indian Journal of Political Science, Vol. 32, No. 2 (April—June, 1971), pp. 158-174
Published by: Indian Political Science Association

9
Before venturing on further discussions it would understood in clear terms what is to be
looked Lokayuktas. They are

(a) Allegations and

(b) Grievances of servants.

The term "public servant'' has already earlier pages. As commonly understood penalty there is
a question of allegation and a redress is a question of grievances. For putting the
administration track both are needed. For allegations the Lokpal have to investigate into
political and official corruption, and improper conduct of the public servants. Lokpal and the
Lokayuktas have to look into action procedure or practice governing such action unjust,
oppressive.

(b) The Nature of Lokpal's or Lokayuktas function:

Lokayuktas or Lokpals examines the nature of the duties of Lokpal aspects to become clear:
the look and feel of guilt. Shri K. Hanumanthaiya expressed concern that Bill was more
directed towards complaints (guilt) that mismanagement directed grievances; this is also the
opinion of others. It seems that the official acts of guilt are the most dominant in jobs. You
have to investigate events in which you have "misled" your office to gain any gain or any
other person or cause undue harm or have been "working in the public servant down a
personal interest or an unjustifiable guilt of corruption". Lack of integrity or non-conduct as a
public servant. Lokpal can verify any action taken on the recommendation of the resolution in
any other way, including no action. The guilt side of the Lokpal function gives a very wide
range of powers compared to its counterparts in other countries.7 Based on these definitions,
you can even discuss policy issues to determine personal interests, profits and personal
preference, the motives of corruption, integrity and misconduct by ministers, deputy ministers
and secretaries. The second aspect of the Lokpal or Lokayuktas function is the
8
mismanagement side. Mismanagement is largely defined as the Lokpal bill, section 2 as
follows "mismanagement" means the image action taken or intended to be taken in the
exercise of administrative functions in any case:

7
. Lokpal Bill
8
Section 2 Lokpal Bill.

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(a) Where such action or the administrative procedure or practice governing such action is
unreasonable, unjust, oppressive or improperly discriminatory; or

(b)Where there has been negligence or undue delay in taking such action or the
administrative procedure or practice governing such action involves undue delay. The Lokpal
will investigate into the conduct of Ministers or officers keeping in view these objectives
also. As it is very difficult for one individual or few individuals to act as the watch dog of
public morality, it will be better if the emphasis shifted from the guilt of the Ministers or
officials to the grievance of the citizen in order to give him redress and protection from
maladministration. In fact in the relation of Ombudsman with the Government Servant the
emphasis in western countries has shifted from inflicting penalty on the civil servant to
exacting a redress for the citizen.

(c) Appointment and Removal of Lokpal and Lokayuktas:

Lokpal will be appointed by the President of India in consultation with the Chief Justice of
India and the leader of the opposition in Lok Sabha. If there is no such leader, the person
must be chosen for this purpose by the opposition members of that house in the manner that
the speaker can direct:

Lokayuktas will be appointed by the President after consultation with Lokpal. In the case of
first set Lokayuktas, such consultations are not necessary. Everyone enters the Lokpal office
or department or confirmation Lokayuktas established in Annex I. The proposal for the
proper conduct of the investigation or special instructions deemed necessary for Lokayuktas
shall be subject to the administrative decision. But Lokpal has no right to question any
results, conclusions from the conclusion Lokayuktas. Lokpal or Lokayuktas are not members
of the state legislatures. They must not occupy any office other than the office of Lukal or
Lokayuktas or hold or have contact with the political parties. Each person is appointed as
Lokpal or Lokayuktas office for five years. They are not qualified. They can resign from
office by writing to the president. Lokpal or Lokayuktas may be removed from the chair only
for misconduct or disability. Before removing Lokpal or Lokayuktas, appoint a person and
request an investigation. This was a judge in the Supreme Court or Supreme Court. The
consultation report must be sent to the whole House of Representatives. Elimination of
Lokpal or Lokayuktas, unless the Parliament has obtained the support of the majority of the
total constituency and the majority of at least two-thirds of the present votes were presented

11
at the same meeting for such removal. The independence of the Supreme Court and the
Supreme Court is similar to the Indian Constitution.

(d) The Powers and Procedure of Lokpal

A complaint in the Lokpal or Lokayuktas case may be filed by a person who has harassed
someone other than the public employee. I f the person is dead or unable to act on their own
complaint filed by any person representing their property or any person authorized by them.
Any written communication to Lokpal or Lokayuktas must be sent by someone who is
detained by the police, in prison, in any asylum or by other people respectful of the crazy
people with the consignee without delay. Lokpal or Lokayuktas may, at its discretion,
investigate any complaint related to a claim or claim, and your opinion

. (a)The complaint is frivolous or is not made in good

(b)There are not sufficient grounds for investigating or, as the be for continuing the
investigation, or

(c) Other remedies are available to the complainant and in the circumstances of the case it
would be proper for the complainants to avail of such remedies.

The Lokpal shall not investigate9

(a) Any complainants involving grievance, if the complaint is made after the expiry of
twelve months from the date on which the action complained against becomes to the
complainant

(b) any complaint involving an allegation, complaint is made after the expiry of five years
from the date on the action complained against is alleged to have taken place.50 However the
Lokpal or Lokayuktas may entertain a complaint referred to in (a) if the complainant satisfies
him that he has sufficient cause for making the complaint within the period specified in that
clause. When it is decided by the Lokpal not to entertain a complaint or continue any
investigation in respect of a complaint he has to his reasons for that and communicate them to
the complainant the public servant concerned. If the Lokpal decides to investigate complaint
he shall forward a copy of the complaint along with grounds thereof to the relevant public

9
OMBUDSMAN IN INDIA: A NEED FOR ADMINISTRATIVE INTEGRITY AND RESPONSIVENESS
Author(s): HARIDWAR RAI and SAKENDRA PRASAD SINGH
Source: The Indian Journal of Political Science, Vol. 37, No. 3 (July.-Sept. '76), pp. 43-63
Published by: Indian Political Science Association

12
authority concerned and give such authority an opportunity to offer his comments on such
complaint or statements.

(i) Grievance

If, following the investigation of the complaint, Lokpal considers that such action has led to
an injustice to the plaintiff, it shall, through a written report, recommend that the Government
official and the competent authority concerned address such injustice in this manner. Method
and as specified in the report.

ii) Allegation

If an investigation is made after an allegation that such a claim can be partially confirmed,
you must provide a written report, be informed of the relevant documents, the article and
other evidence of carp. The competent authority shall examine within three months from the
date of the report the measure adopted or proposed for the report. If Lokpal is satisfied with
the action taken on the recommendation or the results received, he must close the case, but if
he is not satisfied and considers that the case deserves it, he can present a special report on
the case to the President, at his discretion, to inform the complainant in question. However,
this report is not issued with respect to any action undertaken in consultation with the Public
Service Commission of the Union.

(iii) Report

Each year, the Commission will submit to the President a consolidated report on the
functioning of its function in accordance with the law. The report containing negative
comments against any person, department or organization (prepared in an annual or special
report) should contain the defence content of the person's denunciation against the comments
made or on behalf of the affected administration or organization. After receiving a special
report from Lokpal with an explanatory memorandum, they will be submitted to each House
for investigation.

(iv) Investigation

The completion of an investigation by Lokpal is considered appropriate according to the

circumstances of the case. The identity of the complainant and the identity of the public
official affected by the investigation will not be disclosed to the press or the public before or
after the investigation.

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According to the Law, any public official or any person in their opinion may be obliged to
provide information or to present documents relevant to the investigation in order to provide
such information or to present said documents. Lokpal enjoys all the powers of a civil court
to try to bring proceedings under the Civil Procedure Act of 1908 on the following matters:

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavits;

(d)Requisitioning any public record or copy thereof from any court of office;

(e) Issuing commissions for the examination of witnesses or documents;

(f) Such other matters as may be prescribed.

Any proceedings before the Lokpal or a Lokayuktas shall be deemed are a judicial
proceeding within the meaning of section 193 of the Indian Penal Code. Anyone who gives
false evidence or fabricates false evidence for the purpose of a proceeding before the Lokpal
or a Lokayuktas would therefore be punished according to the Indian Penal Code. The Bill
further provides that the Government may claim privilege to withhold disclosure of
documents where such disclosure might pre- judice the security of defence or international
relations of India or might involve the disclosure of proceedings of the cabinet of the Union
Govern- ment.68 A certificate issued by a Secretary certifying that any document or
information cannot be disclosed for the above purpose is binding and conclusive.

5. A CRITICAL ANALYSIS OF THE LOKPAL AND THE

LOKAYUKTA ACT
Article 4 (1) of the Law states: "The President and the members of the Commission shall be
appointed by the President. Such appointment shall be carried out in accordance with
recommendations based on the report submitted by the Selection Committee.” The Selection
Committee, whose recommendations will be made by the Prime Minister, the Speaker of the
People's Assembly, the Leader of the Opposition in the People's Chamber, the President of
the Supreme Court of India, or a High Court Judge appointed by the Chief Justice and a High
Court Judge.

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This specific provision has been widely criticized. And the President of the Supreme Court,
because of their adoption, should never be subject to the Prime Minister and with regard to
the appointment of the jurist it is very important to do so with great caution, because it will
certainly be a very important factor to prevent Lokpal becoming a simple toothless law
instead, For the party in power at the time. Paragraph 4 (2) clearly states that the mere
vacancy of the Selection Committee shall not nullify the appointment of a President or a
member of the Electoral Commission. It is very difficult to determine the real intention
behind this judgment. It is almost impossible to have a position when the post of prime
minister, Speaker of the House of Representatives Lok Sabha, opposition leader Lok Sabha
or the head of the Supreme Court of India is vacant. Section 5 clarifies that the selection
process must begin at least three months before the end of the term of the President or a
Lokpal member to ensure that there are no vacancies in the Selection Committee. It is a
vacancy of a prominent jurist who has adequate legal support. The appointment or vacancy of
the eminent jurist is indeed an important tool in the hands of the government and with the
help of this tool the government can control most members of the executive branch,
specifically in matters of a dissenting judicial member, the head of the Lok Sabha and the
prime minister of one party. These sections can be used to create conditions accordingly;
therefore, they are very vague and must be avoided.

Article 14 (1) (a) The procedural aspect of the Act provides that if there is any claim of
corruption in the complaint filed by the aggrieved party in relation to any person or prime
minister, you can be taken into account and Lokpal can do the investigation. However, there
is an exception to this provision and excludes certain issues such as public order,
international relations and atomic energy and the scope of this provision and given the
important nature of such matters, it is fair to exclude them.

It is very surprising to see that the procedure actually provided in the case of preliminary
investigation and procedure involves the question of research provided in Section 20 and in
complete contrast to each other will not be wrong to say that they are self-contradictory once
Lokpal receives a complaint, has the authority to order A preliminary investigation to
examine the question to determine whether there is a case for prosecution or to order that an
investigation be carried out by any other party, but that can only be done if it is proved that
there is prima facie case.

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In December 2013, the law of Lokpal and Lokayuktas was approved in 2014 by parliament.
The main objective of this work was to strictly control corruption through the establishment
of independent mechanisms in the Centre, which would be called Lokpal and receive
complaints about corrupt activities by public officials. It will be Lokpal's duty to only make
sure that the proper investigation is carried out on the issues and in addition to this, when
necessary, there must be effective proof.

Special courts have been established to ensure that all these operations are completed within a
specific period of time. As the law became mandatory by law, each state must issue a law
within a specific period of one year to establish a Lokayuktas body at the state level.
However, there is a problem with this provision, and this problem is that the specific details
of the law have been completely left to the state. To address the problems of corruption at the
central level, the law provides for the establishment of a body called Lokpal that will be
responsible for the consideration of the issues of investigation and prosecution against public
officials.

Okumbal Law grants to receive complaints of corruption against the prime minister,
ministers, parliamentarians and officials of the central government, and against the personnel
of any entity that is financed totally or partially by the annual income of the government. It is
beyond the limit.

It has been clearly mentioned in the law that, after receiving a complaint against any public
official, officials of groups A, B, C or D are the only exceptions, the Lokpal would be
mandatory binding for an investigation into the matter. The Lokpal option with respect to the
application of the investigation, as it is the case, if it should be investigated through Lokpal
its consultation system and, at the same time, also Lokpal has directed the Central Research
Office or any other state agency to carry out the research option. This consultation is
normally completed between sixty and ninety days after which an appropriate report must be
submitted to Lokpal.

Once the presentation of the report that was submitted after the reception of Lokpal, the
Lokpal must be sure to give public employees an opportunity to present their version of the
facts, and should be granted the right to listen to it and after listening. If Lokpal concludes
that there is a problem at first sight, Lokpal may issue orders for the investigation by the CBI
or may order an administrative investigation in the same order.

16
The period of time usually specified for the investigation is six months, but under certain
circumstances, this can range from six months to a year as well, and once the investigation is
completed, the submission of an adequate report to the competent jurisdiction must also send
a copy of the same report to Lokpal.

Supreme Court on Lokpal and Lokayuktas (Cases)

Supreme Court has pronounced several decisions regarding the institution of Ombudsman.
This heading analyses various case laws related to the institution.

1. Common Cause, a Registered Society v. Union of India &Ors.10

This case is a review petition to provide relief to pass an appropriate writ, order or orders to
direct the Parliament to draft a Bill for the enactment of legislation to establish the institution
of Lokpal, or an alternative system similar to Ombudsman for checking and controlling
corruption at public, political and bureaucratic levels. The Solicitor General brings to notice
that efforts were made with no consensus on the proposed bill. It is a matter which concerns
the Parliament and the Court cannot do anything substantial in this matter.

2. Justice K. P. Mohapatra v. Sri Ram Chandra Nayak and Ors.11

Retired Judge of the High Court of Orissa was appointed as the Lokpal by the Governor of
Orissa by issuing a notification. By a notification dated 26.11.1996, the Government of
Orissa appointed the appellant as the Lokpal with effect from the date on which he was sworn
in as such. After hearing the parties, the PIL was allowed and it was held that there was no
effective consultation with the Leader of the Opposition and that the consultation under
Section 3(1) of the Orissa Lokpal and Lokayuktas Act was effective on reference to the
Governor, Chief Justice and Leader of the Opposition. The Court observed that there was no
consultation with the Chief Justice with regard to the name suggested by the Leader of the
Opposition. Therefore, appointment of the appellant as the Lokpal was void. That order is
under challenge in this appeal.

10
Excerpts from Judgment
11
Excerpts from Judgment

17
The First All-India Conference of Lokayuktas and Upa-Lokayuktaswas held at Shimla in
May 1986. This conference after due deliberations passed the following resolutions in order
to make the institution of the Lokayuktas still more effective:

1. That the institution of the Lokayuktas and Up-Lokayuktas be given a constitutional

status.

2. That suitable amendments be made in the Representation of the People Act, 1951 and
other similar Central and State enactments so as to enable the authorities concerned to
take into consideration the findings or recommendations of the Lokayuktas and Up-
Lokayuktas in respect of persons holding elective offices.

3. That since the jurisdiction of the Lokayuktas and Upa-Lokayuktasin some enactments
is restricted to Ministers and public servants in office, it is advisable that ex-Ministers
and ex-public servants concerned in regard to the action complained against be also
expressly brought within their purview.

4. That the jurisdiction of Lokayuktas and Up-Lokayuktas should cover not only
allegations or corrupt practices, but also grievances or maladministration as defined in
the Central Lokpal and Lokayuktas Bill of 1968.

5. That a time-limit is prescribed for placing the special and annual reports by the
Governor before the Houses of Legislature. Such time-limit should not, under any
circumstances, exceed four months from the date of the receipt of the report by the
Governor or till the legislatures meet next, whichever is earlier.

6. That the nomenclature of the institution should be "Lokayuktas" in every State.

7. That there should be uniformity throughout India in regard to the service conditions of
the Lokayuktas and the Upalokayuktas

8. That there should be no security deposit for making a complaint before the
Lokayuktas or Up-Lokayuktas.

9. That the Lokayuktas and Up-Lokayuktas should have discretionto dispense with the
requirement of filing an affidavit with the complaint.

10. That there is a separate independent investigating agency under the direct control of
the Lokayuktas and Up-Lokayuktas.

18
 11. That in the provision relating to "removal of doubts" in the Lokayuktas Acts, the
expressions "Court" and "Judge" should mean only "High Court", "Civil and Criminal
Courts" and their Presiding Officers, as the case may be.

12. That the Lokayuktas and the Up Lokayuktas be given the power to sanction search
and seizure within the meaning of the Criminal Procedure Code, 1973.

13. That suo-motu power of investigation is conferred on theLokayuktas and Up-

Lokayuktas.

14. That the Lokayuktas and Upalokayuktas be deemed to be a High Court within the
meaning of the Contempt of Courts Act, 1971.

6. CONCLUSIONS

Whatever precautions we take when establishing an institution, its success ultimately depends
on the men who work in it and on the conditions that work in its environment. The same is
true with respect to the Ombudsman. The personality and quality of the man who occupies
the office is important. In addition, this institution can play a productive role in a system of
government that usually operates at a reasonably high level of honesty, competence and
sincerity. The smaller the area of administrative errors, the greater the benefit of Lokpal and
Lokayuktas. Where corruption is rampant and efficiency is low, the entire system needs to be
reformed, and this institution is barely a remedy for this situation. The Administrative
Reconstruction Committee itself has realized the limits of its effectiveness.

After discussing the various points regarding the Ombudsman in India, we cannot overlook
the practical difficulties in which the United Nations must work. If we compare the
geographical, demographic, political, economic and social conditions in India with other
countries where the Ombudsman works, we will find many differences. India will have great
difficulty in securing a precise precedent for these countries.

To ensure the prosperity of the nation, it is very important that the administrative wing of the
state works properly and efficiently. At the same time, a key point to be taken into account is
that there is no corruption in the administrative administration of the nation. Corruption is

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actually the deepest cause, which is the biggest obstacle in the evolution of the nation. To
address this problem of corruption, the Ombudsman plays the most important role and, in the
Indian context, plays this role.

Another point to consider is that when the concept of the Ombudsman was created at the
time, it was done to address the problem of mismanagement and incompetence, with
corruption as part of it, but over time the problem of corruption has grown to this point. So
much so that it is now considered that the institution of the Ombudsman has been done only
to the problem of corruption. This problem of corruption can only be addressed through
legislation; it requires a concentrated and unified effort for society as a whole. In order to
expand its roots in the system of any country, the citizens of the nation are involved in the
guilt because the administrators are not alone in the wrong side.

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 7. BIBILIOGRAPHY

 OMBUDSMAN IN INDIA: A NEED FOR ADMINISTRATIVE INTEGRITY AND

RESPONSIVENESS

Author(s): HARIDWAR RAI and SAKENDRA PRASAD SINGH

Source: The Indian Journal of Political Science, Vol. 37, No. 3 (July.-Sept. '76

 OMBUDSMAN IN INDIA

Author(s): Sarojini Sharan

Source: The Indian Journal of Political Science, Vol. 32, No. 2 (April—June, 1971),

pp. 158-174

Published by: Indian Political Science Association

 Constitution of India

 Bill No. 51 of 1968. The Lokpal and Lokayuktas Bill 1968

 Anderson, S.V. "Ombudsman", in Encyclopaedia Britannica

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