Meaning of Ombudsman in Administrative Law
An Ombudsman in administrative law is an independent official or body appointed by the
government to oversee and investigate complaints and grievances against administrative
actions and decisions made by government agencies, departments or public officials.
The primary purpose of an Ombudsman in administrative law is to ensure transparency, fairness,
accountability and adherence to legal and procedural standards within the administrative
processes of the government.
This official is often referred to as a grievance officer. The Ombudsman’s job is to examine the
complaints made by citizens when they believe that a government agency is not doing its job
properly. In simple terms, if the government isn’t doing things right, citizens can report their
concerns to this official, who works for the government but is independent and impartial.
Importance of Ombudsman in Administrative Law
Regarding the importance of the Ombudsman in administrative law, it’s essential to understand
that this official is not a super administrator to whom you can appeal just because you’re not
happy with a decision made by a government official. The main role of the Ombudsman is to
investigate complaints of mismanagement or unfair treatment.
Powers and Functions of Ombudsman in Administrative Law
 One of the key roles of an Ombudsman is to safeguard the rights and freedoms of citizens. The
establishment of the Ombudsman position primarily serves this purpose.
 In Scandinavian countries, the Ombudsman has an additional responsibility: supervising the
general civil administration. This duty closely ties the Ombudsman’s role to the oversight of
public administration.
 Many states, including some institutions similar to the Ombudsman, engage in the general
supervision of government functions. This oversight is often referred to as monitoring the
government’s performance.
 In certain countries, the Ombudsmen wield significant authority. For instance, in Sweden, the
Ombudsman is empowered to investigate cases of corruption, in any form, not only involving
government officials but also judges of the highest court.
 In the United Kingdom, the Parliamentary Commissioner, a British version of the Ombudsman,
also serves as a Health Commissioner. In 1974, the British parliament passed a law to expand the
jurisdiction of the Parliamentary Commissioner to cover local government matters. This allows
local councillors to file complaints against local authorities and seek resolution for their
grievances.
 Another crucial aspect of the Ombudsman’s role is the exercise of discretionary powers. These
powers encompass a wide range of issues, including corruption, negligence, inefficiency and
misbehaviour. How these powers are applied depends on the individual Ombudsman and their
judgment.
Salient features of The Lokpal and Lokayuktas Act, 2013
The Lokpal and Lokayuktas Act, 2013 established the Lokpal at the national level, which has the
authority to investigate cases of corruption involving Members of Parliament and central
government employees. Lokayuktas, on the other hand, operate at the state level and perform
similar functions.
Both the Lokpal and Lokayuktas handle corruption charges against public officials, including the
Prime Minister, but with certain safeguards in place. They conduct investigations and trials based
on their findings.
The Act allows for the creation of Lokayuktas in each state with their respective powers,
although it doesn’t clearly define the extent of these powers. This has resulted in variations in the
powers of Lokayuktas across different states. To bring uniformity, there has been a proposal to
implement Lokayuktas consistently across all Indian states. The Act also mandates that all states
establish the office of the Lokpal and/or Lokayukta within one year from the commencement of
the Act.
The Lokpal consists of a chairperson and a maximum of eight members. Half of the members are
judicial and the other half are from SC/ST/OBCs, minorities and women.
Under the newly enacted Lokpal Act, corruptly acquired properties of government officials can
be confiscated and attached even while proceedings against them are ongoing.
The Act requires all public officials to disclose their assets and liabilities as well as those of their
dependents. It also provides protection for government officials who act as whistleblowers and
an accompanying Whistle Blowers Protection Act has been enacted to support this aspect.
Composition of the Lokpal
The Lokpal office is composed of a Chairman and up to 8 members. The Chairman of the Lokpal
can either be a current or former judge of the Supreme Court or the Chief Justice of a High
Court. Alternatively, the Chairman can also be an eminent person known for their impeccable
reputation and exceptional expertise, with at least 25 years of experience in areas such as anti-
corruption policy, public administration, vigilance, law, management, finance (including
insurance and banking) and related matters.
The powers of the Lokpal are defined in Section 25 of the 2013 Act. If the Lokpal receives a
complaint under the Prevention of Corruption Act of 1988, it has the authority to initiate an
investigation. If the complaint is substantiated during the investigation, the Lokpal can
recommend that the government take disciplinary action against the accused public servants or
file a corruption case in a special court.