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Yash Dhawan and Vidhi Marwaha, ‘position of ombudsman in India’, International journal of
Law management and Humanities, [vol.3 Iss 2; 641]

INTRODUCTION
The origin of the word ombudsman was borrowed from Swedish where it means
“representative’’,and ultimately derives from the old Norse words Umboth (“commission’’) and
Mathr (man). Sweden became the first country to appoint an independent official known as the
ombudsman to investigate complaints against government official and agencies.

Example: A person who works for the government and who investigates citizens complaints
made about the government is an example of an ombudsman.

In India the concept of constitutional ombudsman was first introduced in parliament by the Law
Minister Ashoke Kumar Sen in the early 1960s. The meaning of ombudsman is a public advocate
who is usually appointed by the government, with the significant degree of independence, and is
charged with representing the interest of public by investigation and addressing complaints of
maladministration or a violation of rights. The position of ombudsman in India is the main
characteristics are ombudsman is an independent man-partisan officer of the legislature and his
function is to supervise the administration. He deals with the specific allegations or complaints
from the public against administrative injustice and maladministration. In India the ombudsman
is known as the Lokpal or Lokayukta. An administrative reform commission (ARC) was first set
up on 5th January 1966 under the chairmanship of Shri Morarji Desai.
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SUMMARY
After the thorough analysis of the article, we came to know that the article sheds light on the
topic Ombudsman, its origin its powers its functions and its importance. The term ombudsman
refers to public who is appointed by and is provided with the high degree of independence in
performing its functions, i.e. representing the interest of general public in matters of
maladministration and violation of rights of the citizens.

As we are well versed with what exactly is ombudsman, it is an independent body working for
the benefit for the citizens.

As the author has clearly mentioned how ombudsman came to India after it had just gain
independence from the British rule. The protagonist of the institution of ombudsman felt the
needs of ombudsman and it later came to be known as Lokpal and Lokayuktas in India.

Shri K Hanumanthaiya, the former chairman of the administrative reforms commission, New
Delhi spoke on ombudsman about its concept on why it is a must constitution and why does it
have enormous amount of independence i.e. the executive the legislature or the judiciary can
obstruct them.

We live in a democratic state we elect our leaders we bestow our trust in them and allow them to
take decision as whole as state, there is too much power and too much can cause greed so in
order for citizen to speak up any three main parts of legislature in case of injustice, corruption,
fraudulent, bribery, ombudsman i.e. Lokpal and Lokayukta was formed.

Lokpal and Lokayukta is truly a hope for us common people in this money grabbing world,
where people go beyond one’s thinking all for the sake of money. Ombudsman is more for us
common citizens who have got all the closed doors from the main organs of the parliament.

The Lokpal is described in the article as a centrally formed entity, while Lokayuktas are
established in each state. The Lokpal is a multi-member entity with a single chairperson and a
maximum of eight members. Members of the Lokpal or Lokayuktas are not to be regarded
members of the parliament or any state legislature. They are not authorized to work in any office
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of trust or for profit except the offices of Lokpal and Lokayuktas, and they are not allowed to
join or represent any political party in its business.

The Lokpal and Lokayuktas bill gives the Lokpal and Lokayuktas its authority.

The author emphasizes the many aspects that can be deemed vital for creating an ombudsman
system. According to the article, administrative wings of governments all over the world have
been given a great deal of power, which is easy to abuse in the current modern day, so system
like the ombudsman in India is needed provide a check and balance. The necessity for an
ombudsman system is critical because, in large countries like India, maladministration is a long-
standing problem, and system like an ombudsman is required to combat it. In India
administrative entities such as the CBI are unable to operate independently, and the government
is likewise unable to act independently at times
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CRITICISM
Ombudsman in India has a pretty long history it is known as Lokpal and Lokayukta in India and
is a body of an independent body working for the benefit of the citizens it is mainly created for
the citizens to seek help when faced with troubles from the administrative acts of inactions and it
is free of the three organs of the government the author have mentioned the lecture by Shri K
Hanumanthaiya former chairman of the administrative reforms commission New Delhi on
ombudsman. They emphasized on how a citizen seek help of Ombudsman, when faced with the
inactions from the administrative. He said it is freely accessible.

According to the author the ombudsman system is said to be effective and also they are vested
with powers, but as we being the citizen we know about the conditions of the administration
policy of the government, and we sometimes even knowingly or unknowingly be a part of such
maladministration such as corruption, which proves that the ombudsman system is not that
effective as said. As even in this modern age pests like corruption, fraudulent are still decaying
the administrative system of the state.

The author only gives the importance of Ombudsman system working in the government but he
fails to show the importance of the system in the rural areas where it is mostly needed.
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CONCLUSION
The article after a thorough analysis, it sheds light on the topic Ombudsman system its powers,
its functions and its importance. After reading the article it shows that how Ombudsman plays a
vital role in helping in the well functioning of the country it even plays a very important role in
maintaining the transparency between the public and the government. It also helps in checking
the maladministration of the over power government bodies. Ombudsman also checks the
corruptions level of the country.

Lastly we can conclude that the system of Ombudsman is quit helpful in the well being of a state
and its citizens so, we should take the vital steps for the flourishment of the Ombudsman system.