Professional Documents
Culture Documents
net/publication/311535149
CITATIONS READS
2 3,551
2 authors, including:
Muhammad Asif
Zhejiang University
17 PUBLICATIONS 152 CITATIONS
SEE PROFILE
Some of the authors of this publication are also working on these related projects:
All content following this page was uploaded by Muhammad Asif on 03 November 2017.
**Muhammad Asif
Abstract:
Ombudsman is a quasi-judicial authority in criminal justice system and performs the duty of inquiry
and investigation like Mohtasibs in Pakistan, Lokpals and Lokayuktas in India, Parliamentary
Commissioner in UK and USA Ombudsmen. This paper examines a comparative analysis of structures
and performance of two developed country’s ombudsmen like Parliamentary Ombudsman in England,
Hawai`i State Ombudsman (USA), and two under developing countries like the Mohtasib-e-Punjab
(Pakistan) and Haryana State Lokayukta (India). Data for this research is collected through secondary
sources like journals, books, annual reports and legal documents etc. The paper also evaluates the
autonomy and effectiveness of these four ombudsmen institutions, analyzes all complaint’s history and
reveals that the developing country’s ombudsmen have more autonomy and less efficiency and
effectiveness in complaint resolving then developed country’ ombudsmen. The paper suggests that the
reasonable resources and proper awareness leads the Punjab and Haryana ombudsman to efficient and
effective institute while Parliamentary Ombudsman and Hawai`i State have more powers and
autonomy. There is a definite need to review the entire system and need for reforms for that success.
The word ombudsman is derived from a Swedish word ‘ombuds’ that means the grievance man or
complaint officer. It is a quasi-judicial administrative authority for criminal justice system to protect
the public from any mal-administration done by public servants or public agencies. This institution,
however, is very old and originates from the Arab "Mohtasib" the roots of which go back to the times
of the Prophet Muhammad (S.A.W.W) in the 7th century. When the second Caliph Hazrat Umar (R.A),
who followed the Prophet in 640 as a guardian of public morals. Caliph Omar was ambitious to ensure
the observance of religious principles one of them was Justice in routine life, gave the concept of Qadi-
al-Qadat (judge of judges), and established an office of Diwan al-Mazalim. Sweden was the first
country who establishes this institution in 1809. In Pakistan, this institution established in 1983, India
in 2011 that extend to the whole country after Lokpal Act 2011, UK in 1967 and in USA state level
ombudsman introduced in 1967. Ombudsman office; in these countries plays different roles and
functions. This paper examines a comparative analysis of structures and performance of two developed
country’s ombudsmen like Parliamentary Ombudsman in England, Hawai`i State Ombudsman (USA),
and two developing countries like the Mohtasib-e-Punjab (Pakistan) and Haryana State Lokayukta
(India).
The reasons behind choosing the Punjab Ombudsman office, is population and political non-
interference. It is the highest population province in Pakistan. Its population estimated to be 93,963,240
in 2012. About in 16 Indian states, Lokayukta is established, 11 of them are working properly and
other’s acts have passed only. Although the Haryana State Lokayukta started its working in 2006, yet
its performance is better as compared to the other states of India. England is the most divers region as
compare to Scotland, Wales and Northern Ireland. Its total population according to 2011 census is
53,012,456. About 85% are white while remaining 15% people are from other ethnic groups like
Pakistanis, Indians, Arabs, Chinese, Africans, Caribbean, and Bangladeshis. Among them 59% of total
population is Christians and 41% belongs to other religions. (UK Census, 2011). Like England Hawai`i
is also the most diverse state in US. Its estimated population in 2012 is 1,392,313 in which only 26%
peoples belong to white and remaining 74% are belongs to other regions. Among those 74.0 % other
ethnic groups; 38.5% are Asian. (United States Census Bureau, 2012)
H1:
The developed countries ombudsmen have more autonomy and powers as compared to
developing countries ombudsmen?
H1o:
The developed countries ombudsmen have less autonomy and powers as compared to developing
countries ombudsmen?
H2:
The developed country’s ombudsmen are more efficient and effective in resolving complaints than
the under developing countries ombudsmen?
H2o:
The developed country’s ombudsmen are not more efficient and effective in resolving complaints
than the under developing countries ombudsmen?
Secondary data is used as methodology in this paper. The analysis is based on the foundation
documents of these ombudsmen institutions and the laws under which these institutes are established.
Some sections of the annual reports are also the part of this paper that highlights their performance.
Comparisons with other ombudsman institutions are also based on these reports as well as legal
documents and research journals.
Literature Review:
A number of studies have been conducted regarding the ombudsman system to check performance in
pre-describe countries. Patel (2013, pp. 1-15) argues that corruption is the main cause of the violation
of human rights and security due to Public official’s wrong doings. They damage the rule of law and
there is need of single directive to protect this violation. For this, the institution of the ombudsman is
established. Khan (2006, pp. 244-247) says that the term ombudsman is a Scandinavian originated that
translated as a grievance man or a complaint officer. It is an instrument, establishes legally to protect
citizens from the abuses of public servants. Bnerjee (2012, pp. 1-16) views it as a quasi-judicial
authority and its duty is to investigate and inquire all complaints made by the citizens of a country.
National Democratic Institute (2005, pp. 6-20) describes in its report that the basic roles performed by
the institution like protect individual, promote administrative reforms, and support the judiciary to
overcome injustice and reduced corruption. More than 120 countries have established this office with
different names and with different powers of jurisdiction for accountability. According to Yasmeen &
Ali (2011, pp. 1-12) the supremacy of rule of law is a universal obligation of every civilized society.
Every citizen born free and have legal and fundamental rights. To protect these rights judicial system of
a country plays an important role. In Pakistan, different institutions play their roles in different ways.V.
Carmona, Brillantes & Tiu Soco (2012, pp. 1-9), discuss that many of Asian countries adopt ‘New
Public Management Approach’ for decentralization and involvement of private area to improve public
service delivery. Ombudsman In these countries faced different challenges and their authority is
Structural Comparison
The office of the Punjab Ombudsman came into existence through The Punjab Office of the
Ombudsman Act, 1997 and known as ‘Mohtasib-e-Punjab’. The Governor of Province Punjab has the
authority to appoint the ombudsman for the term of four years. Staff is appointed by government with
the advice of ombudsman while he can appoint his advisers and consultants on his own behalf. Punjab
Ombudsman does not have any jurisdiction to investigate or inquire into any matters that are sub-judice
before any other Court, foreign affairs, military affairs, etc. He has the authority to investigate into any
allegation of maladministration on the part of any Agency or any of its officer or employee. He has
Testing Hypothesis 1:
H1:
The developed country’s ombudsmen have more autonomy and powers as compared to under
developing country’s ombudsmen?
This paper also analyzes the functionality performance of ombudsmen. It is based on past five year’s
data that shows the efficiency and effectiveness of the office in resolving complaints.
Complaints Years
Table 1: Shows total complaints history of Mohtasib-e-Punjab (Ombudsman) in previous years from
2006-2010. In 2006, total processed complaints are 14312 through which 11347 complaints are
resolved. In 2007, total processed complaints are 16646 through which 13860 complaints are resolved.
In 2008, total processed complaints are 11783 through which 5155 complaints are resolved. In 2009,
total processed complaints are 19785 through which 17149 complaints are resolved. In 2010, total
processed complaints are 12888 through which 10905 complaints are resolved.
Complaints Years
Table 1.1: Shows the percentage of overall disposed complaints and percentage of disposed
complaints as per year's received complaints of Punjab Ombudsman during the period from 2006-2010.
COPY RIGHT © 2013 Institute of Interdisciplinary Business Research 717
ijcrb.webs.com JUNE 2013
INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS VOL 5, NO 2
The percentage of disposed complaints of these years without adding the previous year’s pending
complaints is high.
Table 2: Total Complaints History of Haryana Lokayukta (Ombudsman) from 2007-2011
Complaints Years
Table 2: Shows the complaints history of Haryana State Lokayukta (Ombudsman) in previous five
years from 2007-2011. From 2006-07, total processed complaints are 133 while 60 complaints are
resolved. From the period of 2007-08, total processed complaints are 251 while 139 complaints are
disposed. From 2008-09, total processed complaints are 270 while 179 complaints are resolved. From
2009-10, total processed complaints are 301 while 169 complaints are resolved. From 2010-11, total
processed complaints are 452 while 267 complaints are resolved.
Table 2.1: Total Complaints History of Haryana Lokayukta (Ombudsman) from 2007-2011 with
Percentage of Overall Disposed Complaints and Per Year Disposed Complaints
Complaints Years
Complaints Years
Table 3: Shows the overall complaints of Parliamentary Ombudsman in previous five years from 2007-
2011. From 2006-07, total processed complaints are 14850 while 14183 complaints are resolved.
During the period of 2007-08, total processed complaints are 13205 while 11698 complaints are
disposed. In the period 2008-09, total processed complaints are 17814 while 15639 complaints are
resolved. In 2009-10, total processed complaints are 25840 while 24240 complaints are resolved and
from 2010-11, total processed complaints are 25022 while 23667 complaints are resolved.
Complaints Years
Table 3.1: Shows the percentage of overall disposed complaints and percentage of disposed
complaints as per year’s received complaints of Parliamentary Ombudsman during the period from
2007-2011. The percentage of disposed complaints without adding the previous year’s pending
complaints is high.
Complaints Years
Table 4: Shows the overall complaint’s status of Hawai`i State Ombudsman in previous five years
from 2007-2011. From 2006-07, total processed complaints are 4690 while 4521 complaints are
resolved. During the period of 2007-08, total processed complaints are 4818 while 4657 complaints are
disposed. In the period 2008-09, total processed complaints are 4721 while 4545 complaints are
resolved. In 2009-10, total processed complaints are 5154 while 5001 complaints are resolved and from
2010-11, total processed complaints are 4839 while 4691 complaints are resolved.
Complaints Years
Testing Hypothesis 2:
H2:
The developed country’s ombudsmen are more efficient and effective in resolving complaints than
the under developing country’s ombudsmen?
H2o:
The developed country’s ombudsmen are not more efficient and effective in resolving complaints
than the under developing country’s ombudsmen?
The results of table 1-4.2 show the performance of ombudsmen in developed and developing countries.
The performance of Mohtasib-e-Punjab, during the period of 2006-10, the Mohtasib-e-Punjab
(ombudsman) disposed 75.5% complaints of total processed complaints and The Haryana Lokayukta,
from 2007-11, percentage of disposed complaints was 56.4% while Parliamentary Ombudsman
performance was good and during the five year’ period he disposed 92% complaints and Hawai`i State
Ombudsman disposed 96.7% of total processed complaints. So here, the null hypothesis is rejected and
the alternate is accepted that the developed country’s ombudsmen are more efficient and effective in
resolving complaints than the developing countries ombudsmen.
Conclusion:
Ombudsman is the institution in the world that controls the maladministration done by the public
official and other agencies. It plays an important role in developed countries as well as in developing
countries. Every country has its own legal framework of this institution. In some countries, it has more
autonomy and powers, and performing effectively and efficiently but in other countries; it has authority
of investigation only. In this research the developing country’s ombudsmen like Punjab Ombudsman
and Haryana Lokayukta have more autonomy but their performance is low in complaint resolving then
developed country’ ombudsmen such as Parliamentary Ombudsman and Hawai`i State Ombudsman.
The study concludes that the lack of resources and qualified staff is the main cause of ineffectiveness
and inefficiency of Mohtasib-e-Punjab (Ombudsman) and lack of public awareness in Lokayukta of
Haryana State. The developed country’s ombudsman should be given more autonomy and powers.
The paper suggests that the reasonable resources and proper awareness leads the Punjab and Haryana
ombudsman to efficient and effective institute while Parliamentary Ombudsman and Hawai`i State
should have more powers and autonomy. There is a definite need to review the entire system and need
of reforms to bring positive results and success.
2. Anderson, S. (1993). Disaggregating the Ombudsman: Towards A Pure Theory of Conflict Resolution.
3. Aparna, M. (2006). Is Consumer Court Really Preferred to Banking Ombudsman? An Analytical Study.
4. Banerjee, S. (2012). Utility of Quasi Judicial Authority in Criminal Justice System with special
reference of Ombodsman and Lokpalbill: Comparative study. Social Science Research Network .
5. Corrie, P. (2008). Instilling Public Confidence in Administration: The Need for an Ombudsman-like
Institution in India. Social Sciences Research Network .
8. Dake, J. P., & Mathur, S. (2012). Banking Ombudsman: Protection to Consumer. National Monthly
Refereed Journal of Research in Commerce & Management , Vol.1 (No.1).
9. Democratic, I. N. (2005). Role and Effectiveness of the Ombudsman Institution. Washington: Rights
Consortium.
10. Elliot, M. (2006). Asymmetric Devolution and Ombudsman Reform in England. Social Sciences
Research Network .
11. Elliot, M. (2012). Ombudsmen, Tribunals, Inquiries: Refashioning Accountability beyond the Courts.
Social Sciences Research Network .
12. Ferran, E. (2002). Dispute Resolution Mechanisms in the UK Financial Sector. University of
Cambridge.
14. Gay, O. (2005). The Public Services Ombudsman (Wales) Bill. UK Parliament.
15. Harrison, T. R., Hopeck, P., Desrayau, N., & Imboden, K. (2013). The relationship between conflict,
anticipatory procedural justice, and design with intentions to use ombudsman processes. International
Journal of Conflict Management , Vol.24 (No.1).
22. Khan, D. S. (2006). Public Administration: With Special Reference to Pakistan. Lahore: Famous Books.
23. Kumar, A. (2012). Banking Ombudsman- A Pragmatic Step in the Banking Sector. Social Sciences
Research Network .
24. Kundu, D. R. (2012). Corruption in Governance and Lokpal: The Perspective of 2nd Administrative
Reforms Commission in India. IOSR Journal of Humanities and Social Sciences , Vol.2 (No.4).
25. Narayana, A., Krishnaswami, S., & Kumar, V. (2011). The Lokpal Bill.
26. Narayana, A., Krishnaswami, S., & Kumar, V. (2011). The Lokpal Bill.
27. Niazi, D. L. (1994). The institution of Muhtasib (Ombudsman). Lahore: Research Cell, Dyal Singh Trust
Library.
30. Patel, N. (2013). Prosecution of Corrupt Officials in Light of Single Directive. Social Science Research
Network , 1-15.
32. Shahid, M. I. (2007). An Advanced Study in Pakistan Affaires. Lahore: Cutex Printers.
33. Shahid, M. I., & Shahid, M. (2011). Public Administration. Lahore: Advanced Publishers.
34. Soye, S. C. (2007). Illusory Ethics: Legal Barriers to an Ombudsman's Compliance with Accepted
Ethical Standards. Pepperdine Dispute Resolution Law Journal , Vol.8 (No.1).
36. The Punjab Office of the Ombudsman Act, Article 3, 4, 8, 9, 16 & 20. (1997).
39. V. Carmona, C. G., Brillantes, A. B., & Tiu Sonco ll, J. O. (2012). Ensuring Accountability in Privatized
and Decentralized Delivery of Public Services: The Role of the Asian Ombudsman. Social Sciences
Research Network .
40. Wallace, G. (1993). Recent Role Variations in the Ombudsman in Education. Journal of UCI
Ombudsman .
41. Yasmeen, S., & Ali, W. (2011). Role and Fuctions of Judicial System in Pakistan. Science, Technology
and Development Paper , Vol.30 (No.3).
42. Zbiral, R. (2007, October 28). Devolution as an Impetus for Reform? The Case of Scottish Ombudsman.
Social Sciences Research Network .