Introduction: In modern times, all democratic countries are manifested with large powers in

the hands of administrative authorities having vast discretionary powers. Due to this wide
discretionary powers a feeling has arisen in the public mind that vesting of such vast powers
would led to the abuse or misuse of power by administrative authorities resulting in
maladministration and corruption. The traditional organs in a democracy do not provide an
adequate and effective control mechanism over the administration. Lack of such a mechanism
may negate democratic values. The quest for an effective control mechanism over the
administration can be done through Ombudsman.

What is Ombudsman?

An ombudsman is an official who is appointed by the Government to investigate individual’s

complaints against a company, financial institutions, businesses, organization, specially a
government department or public entities and attempts to resolve the raised concerns either by
process of mediation or giving recommendations.

To discuss the ombudsman in India, we need to describe Lokpal and Lokyukta: The Lokpal and
Lokayukta Act, 2013 was enacted to establish Lokpal for the Union and Lokayukta for States to
perform the functions of Ombudsman in India.

Historical Background: In 1809, the institution of ombudsman was established conventionally

for the first time in Sweden and after Second World War, it emerged in its true sense.

In India, law minister Ashok Kumar Sen first proposed the notion of constitutional ombudsman
was in early 1960s and the terms Lokpal and Lokayukta were brainstormed by Dr. L. M.
Singhvi.

In 1968, Lokpal bill was passed in Lok Sabha but terminated with the dissolution of Lok Sabha
and it was voided eight times afterwards till 2011.

In 2002, Chairman of review commission M.N. Venkatachaliah asked for the assignation of the
Lokpal and Lokayuktas; and he proposed that Prime Minister of India should not be included
with the purview of its authority.

The movement by Anna Hazare: “India Against Corruption movement”; created pressure zone
on the United Progressive Alliance (UPA) government at the Centre and finally in 2013, both the
houses of Parliament passed the Lokpal and Lokayuktas Bill.
The bill became the act when it got the assent on 1 January 2014 from Hon’ble President Pranab
Mukherjee and came into effect from 16 January of the same year.

Structure of Lokpal Body: The Lokpal body consists of one chairperson and a maximum of 8
members where half will be judicial members and other half will be from SC/ ST/ OBC/
Minorities class and women. The President appoints the members with the recommendations of a
selection committee and search panel of minimum 8 persons.

The former Chief Justice of India or the former Judge of Supreme Court or a renowned person
with having specific knowledge and expertise of minimum 25 years in the field relating to anti-
corruption policy, public administration, diligence and surveillance, law and management etc;
will be eligible to become Chairman of Lokpal. The term of Chairman’s office is 5 years or till
the age of 70 years whichever is earlier.

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.

Authority and Jurisdiction of Lokpal :

1. Lokpal have the power to check upon Prime Minister, Ministers, members of Parliament,
Groups A, B, C and D officers and officials of Central Government due to any kind of
allegation except the ones on corruption relating to security, sovereignty, integrity of
India, the public order, international friendly relations, atomic energy and space.
2. Although the Lokpal Ministers and MPs in any matter discussed in Parliament or a vote
given there.
3. Its jurisdiction also falls on someone who is or has been director/ manager/ secretary of
any organization or society established by central act or any other body partially or
wholly financed or/ and controlled by central government.
4. It also acts as supervisor and superintendent over CBI & it can also give orders and
directs to CBI for betterment of its function.
 5. The powers of a civil court have been imposed on the Inquiry Wing of the Lokpal. So it
can confiscate assets, receipts and benefits arisen or got hold of by corrupt measures, in
certain special circumstances.
6. Lokpal has the power to endorse for termination of office, transfer and debarment of
public servant connected with allegation of corruption.

Limitations of Jurisdiction of Lokpal : As all other organizations in world Lokpal body also
have its own loopholes and drawbacks.

1. The Lokpal act extolled to appoint a Lokayukta within a year after it came in force. But
till date only 16 states have successfully built up the Lokayukta. There are no restrictions
and guidelines regarding the appointment of Lokayukta and these have been left
completely on the separate rules and regulations of respective States.
2. Though Lokpal was formed to keep the public institutions isolated from political and
other kinds of filthy corruption but Lokpal cannot be perceived outside of political
influence as the members of the appointing committee itself forms with the members
from political parties.
3. The clauses of the membership of Lokpal can be tampered with easily. It can be
manipulated because there is no specific criterion to decide who is an ‘eminent jurist’ or
‘a person of integrity’ and there is a chance that deserving candidate for this position is
not chosen due to nepotism or other reason.
4. The biggest lacuna of this system is that supreme judiciary is excluded from the purview
of the Lokpal.
5. There is no proper system of proceedings to appeal against the Lokpal if anyone is not
satisfied with its decision, as of now.
6. There is a restriction in the time limit of complaining. Even if there is any valid reason of
not complaining, the complaint against the alleged incident of corruption cannot be
cataloged after a period of seven years from the date of the offence committed which is
mentioned in the complaint letter.

Other Ombudsman in India: Except the Lokpal and Lokyukta Act the other kind of
ombudsman authority in India is conducted through Banking Ombudsman Scheme:
This scheme is a prompt and overpriced forum for customers of bank for settlement of
complaints relating to certain services rendered by banks, which was introduced under the
Banking Regulation Act of 1949 by RBI with effect from 1995, through Banking Ombudsman
Scheme 2006.

The Banking Ombudsman is an official, who is appointed by the Reserve Bank of India to
recompense customer complaints related to the lacunae of the services provided by bank.

The Reserve Bank of India issued an ombudsman scheme for non-banking finance companies
(NBFCs) also. An RBI officer who is not below the rank of general manager will be appointed as
the ombudsman with certain territorial jurisdiction.