Ombudsman In India
In India, there has been a lot of public outcry against maladministration, corruption, nepotism, delays, discourtesies, inefficiency and unresponsiveness of the administration to popular needs. As a result of this public outcry against the various defects of our administration, the need for an Ombudsman type institution to deal with corruption and injustice arising out of maladministration has been keenly felt.
The Administrative Reforms Commission, set up by the Government of India in 1966, took up on a priority basis the matter of redressal of citizens’ grievances against maladministration. In its interim report on the ‘problem of redress of citizens’ grievances”, submitted in 1966, the A.R.C. recommended the adopting of the Ombudsman type of institution in the form of the Lokpal and Lokayukta for the redressal of citizens’ grievances.
Many efforts have been made at the central level from 1968 to 2001 to give effect to the recommendations of the Administrative Reforms Commission by successive governments. However, all the attempts were futile and the institution of the Lokpal could not be created. The salient features of Lokpal Bill 2001 are given below:
Salient Features Of Lokpal Bill
An institution called Lok Pal shall be established to inquire into allegations of corruption against public functionaries, including the Prime Minister, provided the offence committed is within ten years from the day the complaint is lodged. The Lok Pal shall be a three-member body comprising a chairperson who is or has been a Chief Justice or a Judge of the Supreme Court and two members who are or have been the judges of the Supreme Court or the Chief Justices of the High Courts. The Lok Pal shall have a fixed tenure of three years. The Chairman and members shall be appointed by the President on the recommendation of a committee headed by the vice-president and comprising the Prime Minister. the Lok • Sabha Speaker the Home Minister, the leader of the House other than the House in which the Prime Minister is a member and the leaders of opposition in the Lok Sabha and the Rajya Sabha. The Lok Pal shall inquire into complaints alleging that a public functionary has committed an offence punishable under the Prevention of Corruption Act. The term public functionary will cover the Prime Minister, the Minister, the Ministers of State, the Deputy Ministers, and the Members of the Parliament.
Constitutional functionaries such as judges of the Supreme Court, the Election Commissioners have been kept out of the purview of the bill. The Chairperson or a member of the Lok Pal shall not be removed from office except by an order made by the President on the ground of proven misbehaviour or incapacity after an inquiry by a committee consisting of the Chief Justice of India and two other judges of the Supreme Court next to the Chief Justice in seniority. The Lok Pal shall be vested with the powers of the Civil Court in respect of summoning and enforcing the attendance of any person and examining him on oath. The allegation against the Prime Minister related to his functions in the areas of national security and maintenance of public order has been kept out of the purview of the Lokpal. The bill provides for an open court or if the Lokpal wishes in-camera proceedings. The proceedings have to be completed within six months, with a provision for an extension of six more months. With penal powers to discourage frivolous complaints. For such complaints, the fine could be imprisonment from one to three years including a fine up to Rs. 50,000 from one to three marla including a time.
Here are some notes on Lokayukta in various states of India.