OMBUDSMAN

Definition: An ombudsman is an official who is charged with representing the

interests of the public by investigating and addressing complaints of
maladministration or a violation of rights. The ombudsman is usually appointed by
the government or by parliament, but with a significant degree of independence.

Introduction:
Ombudsman is a Scandinavian word. It means an officer or commissioner. In its
special sense, it means a commissioner who has the duty of investigating and
reporting to Parliament on citizens’ complaints against the Government. An
Ombudsman has no legal powers except power of inquiry.

In simple words, Ombudsman is an officer of Parliament whose main function is to

investigate the complaints or allegations against the administration. The main object
of the institution of Ombudsman is to safeguard the citizens against misuse of the
powers of the administration.

Due to the Ombudsman, the error committed by the administrative or executive

officials are exposed. The complaints or allegations of the citizens are investigated
by the experienced persons who are members of the department concerned.

The purpose of the Ombudsman is to control the administration and thus give
protection to the citizens against injustice brought about by faulty administration.

Ombudsman in Administrative Law in India:

The Government of India has designated several ombudsmen (sometimes
called Chief Vigilance Officer (CVO)) for the redress of grievances and complaints
from individuals in the banking, insurance and other sectors being serviced by both
private and public bodies and corporations.

In India, the Ombudsman is known as the Lokpal or Lokayukta. An Administrative

Reforms Commission (ARC) was set up on 5 January 1966 under the Chairmanship
of Shri Morarji Desai. It recommended a two-tier machinery: Lokpal at the Centre
(parliamentary commissioner, as in New Zealand) and one Lokayukta each at
the State level for redress of people's grievances.

However, the jurisdiction of the Lokpal did not extend to the judiciary (as in case of
New Zealand). The central Government introduced the first Lokpal Bill, Lokpal
and Lokayuktas Bill in 1968, and further legislation was introduced in 2005. Final
bill, after all the amendments, has been passed in Rajya Sabha on 17 December 2013
and passed in Loksabha on 18 December 2013.

Lokpal is an ombudsman appointed to work on citizens complaints and grievances

regarding corruption at the central level. On the other hand, at the state
level, Lokayukta is set up to take action against the corruption complaints made by
the residents of the state.

Corruption, in simple terms, refers to the unauthorized use of public power, typically
by a public servant or by an elected politician. It is a dishonest act, which is not
permitted in the eyes of law. Many countries have established an anti-corruption
body, to eradicate corruption, which was initiated for the first time, in Sweden. In
India, on the recommendation of the Administrative Reforms Commission (ARC),
bodies like Lokpal and Lokayukta are set up under Lokpal and Lokayukta Act, 2013.

Comparison Chart

BASIS FOR
LOKAYUKTA LOKPAL
COMPARISON

Meaning Lokayukta is the body Lokpal is the body operating

operating at state level, set
up to investigate individual's
complaints against public
servants or any politician
with respect to corruption.
at central level, established to
investigate the civil servant or
politician, against the
corruption complaint lodged
by any person.

Jurisdiction All the members of All the members of

legislative assembly and Parliament and central
state government employees. government employees.

Appointment Governor President

Members It is a three member body. It comprise of a maximum of

eight members.
Definition of Lokayukta:
Lokayukta can be understood as an independent anti-corruption statutory body
established in states, to fight against corruption. On the receipt of any complaint
regarding corruption or bribery of the public official working at the state level,
members of legislative assembly or ministers etc. Lokayukta comes into the picture,
to deal with it and investigate the case thoroughly.

Even before the Lokpal and Lokayukta Act, 2013 was enacted in the country, many
states have already set up Lokayukta for combating corruption, of which
Maharashtra was the pioneer state.

The composition of Lokayukta is different in different states of the country.

Lokayukta is the head of the body who can be the Judge of the Supreme Court or
Chief Justice/Judge of the High Court. Moreover, there is an Uplokayukt, who can
be a Judge of High court or any central or state government employee whose scale
of pay is greater than or equal to Additional Secretary to the Government of India.

The Governor of the concerned state appoints both Lokayukta and Uplokayukta for
a period of six years.

Definition of Lokpal:
Lokpal is an anti-corruption institution formed under the Lokpal and Lokayukta Act,
2013. The institution works as a government body to investigate and enquire the
bribery and corruption complaints of a public official, ministers and secretaries to
the government and all the matters related to it.

All the central government employees whether working in and outside the country
are covered in the purview of Lokpal. Along with that, members of the Parliament
and the Union are also covered in its scope. Indeed the present and former Prime
Minister are also covered in its purview, subject to certain conditions are satisfied.

Lokpal comprises of a Chairperson and several other members, whose strength

should not exceed eight members, of which 50% shall be judicial members and 50%
shall be from SC/ST/OBC, minorities and women. The Chairperson can be the ex-
Chief Justice of India, or an ex-Judge of Supreme Court or a judicial member, who
have good knowledge and expertise of more than 25 years in public administration,
anti-corruption, vigilance etc.

The Lokpal is appointed by the President of India, after consulting with the Chief
Justice of India, Speaker of the House of People (Lok Sabha) and Chairman of the
House of States (Rajya Sabha).

Key Differences Between Lokayukta and Lokpal

The point given below clarifies the difference between Lokayukta and Lokpal:
1. Lokpal refers to a statutory organization, formed by the government to address
complaints lodged by the citizens regarding corrupted public servants,
ministers and government secretaries, working at the central level, to
investigate the case and conduct trials. On the other hand, Lokayukta is a
similar body like Lokpal formed by the state government to deal with
corruption, by enquiring the public servant against the allegations and
conducting trials of the cases.
2. All the state government employees, members of legislative assembly, other
ministers and secretaries to the government are covered under the purview of
Lokayukta. In contrast, in the jurisdiction of Lokpal, all the public servants
are covered. Along with that the Members of Parliament, ministers and other
politicians, secretaries to the government also comes in its scope.
3. A Lokayukta works at state-level, the appointment of Chairperson is done by
the Governor. As against, the President appoints the Chairperson in case of
Lokpal.
4. Lokpal is a multimember government body, with a Chairman and several
other members. However, the total number of members shall not exceed eight
members. Conversely, a Lokayukta is a three-member body, including a
Lokayukta, State Vigilance Commissioner and a jurist.

JUDICIAL PRONOUNCEMENTS:
M.P. SPECIAL POLICE ESTABLISHMENT v. STATE OF MADHYA PRADESH
The Supreme Court has ruled that the Governor may act independently in the matter
of grant of sanction of prosecution against the Chief Minister or any Minister as in
the matters there would be real danger of bias in the opinion rendered by the Council
of Ministers and even in the case of grant of sanction to prosecute an ex-minister
when decision of the Council of Ministers is shown to be irrational and based on
non-consideration of relevant facts.

JUSTICE K.P. MOHAPATRA v. RAM CHANDRA NAYAK

The Supreme Court while dealing with functions of Lokpal under s.7 of Orissa
Lokpal and Lokayukta Act, 1995 has held that the functions of Lokayukta are of
utmost importance in seeking that unpolluted administration of State is maintained
and maladministration as defined under s.2 (h) of the Act is exposed, so that
appropriate action against such maladministration and administrator can be taken.
The investigation which Lokpal is required to carry out is quasi-judicial in nature.

Conclusion:
The main objective of these two institutions is to combat corruption. It is not just to
punish those who perform public services for private gain, but also to expose them
publicly. These bodies deal with the complaints against the administrative acts of
the public servants, ministers and secretaries to the government.