Ombudsman

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This article is written by Faria Abdulla of 2^nd year, an intern under Legal Vidhiya

ABSTRACT

In this article we’ll study about the ‘Ombudsman’, their meaning, role, types, powers, functions, advantages and disadvantages.

A diversified and developing nation like India, has seen numerous cases related to the complaints (regarding both criminal & civil nature), frauds, misconduct, misrepresentation etc. happening all around the nation and at rapid succession rate. In order to ensure that the people who are suffering, get justice and equality, the government appoints certain officials to ensure the proper and adequate investigation, inquiry and examination of these complaints in order to secure justice to the individuals. These officials are known as ‘Ombudsman’ under law.

The word ‘Ombudsman’ is a Swedish term which signifies ‘legal or administrative representative’. The simple meaning, of the term Ombudsman is ‘a legal representative whose sole purpose is to investigate the complaints made by the individuals against other persons, entity or the employees of the government itself’. This is a very critical concept, as timely solutions and effective discretions are the need of the hour. In India, the judicial proceedings are mostly very time-consuming and lengthy, hence, at times, it becomes quite impossible for the judiciary to provide equity in justice to all its citizens. And hence, the proper investigation and disposal of these complaints is very necessary for a successful judicial system.

Keywords: – Ombudsman, Investigation, Justice, Effective, Judicial Proceedings, Government, Complaints, Individuals, Administrative, Representative, Authority, Official, Executive, Legislative, Classical.

INTRODUCTION

Meaning of Ombudsman: –

In this article, firstly, we’ll be dealing with the term ‘Ombudsman’.

Ombudsman refers to the officials who are appointed by the government of India, to ensure proper investigation of the complaints or demands for justice of the individuals. The main purpose of this concept is to secure justice to the oppressed and to reward the oppressors with the punishment. The preamble of the Constitution of India, mentions the term “SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC”[i], in order to ensure that these terms mentioned in the preamble are actually in force and applicable in the country, the proper disposal of the issues and administration of justice is of core importance.

In India, the role of the Ombudsman is played by the Lokpal.

Further, we’ll be discussing following information about the Ombudsman: –

Types of Ombudsmen
Role of Ombudsman
Powers of Ombudsman
Their Functions
Advantages & Disadvantages
Appointment of staff of Ombudsman[ii] according to Sec 6 of Jammu and Kashmir Municipal Ombudsman Act, 2010 (this is only mentioned for reference)

TYPES OF OMBUDSMEN[iii]

In 1962, at “All India Lawyers’ conference”, a social reformer M.C. Setalvad, suggested the establishment of Ombudsman in the country in order to strengthen the system’s functioning.

Ombudsman can be anyone from a general inspector to citizen advocate, or anyone who is appointed by the legislature at the national level. Ombudsman is also appointed at state, local and municipal level.[iv]

In order to dispose off the complaints in a confidential, independent and impartial manner, the government has appointed varied Ombudsman in different domain for various issues. The various types of Ombudsmen are: –

Organizational Ombudsman: – The function of an Organizational Ombudsman is to review, administer and investigate the complaints filed by various employees, members or clients of a public or private sector entity regarding any malfunctioning or ignorance of it’s practices and policies. An Organizational Ombudsman ensures proper disposal of issues and conflicts, he is responsible for communicating the changes, issues, conflicts, disputes and differences among all the levels of all the branches of organization.
Classical Ombudsman: – He is responsible for dealing and investigating the problems and conflicts of the general public in respect to the authorities or the government. The government itself appoints the individuals or officials as Ombudsman, and their powers are also determined by the legislature itself. Classical Ombudsman have the power to review & redress public grievances and provide appropriate measures.
Advocate Ombudsman: – An Advocate Ombudsman can be a part of both private as well as public sector but the main function of Advocate Ombudsman is to publically defend and advocate for the persecuted individuals or group of people who are persecuted. An Advocate Ombudsman is mainly founded in social work entities or government agencies. The main concerns of Advocate Ombudsman are the policies practiced by government entities or other organizations.
Hybrid Ombudsman: – Primarily, the function of Hybrid Ombudsman is to carry out informal investigation of practices and complaints (from both private and public sector). He also exercises powers to embrace the potency of investigation and maintain specific, annual reports.
Legislative Ombudsman: – Being a part of the government, a legislative Ombudsman deals with the issues, conflicts and disputes generally faced by common people while dealing with the other individuals, also issues among the branches of the government. It imposes primary emphasis on the issues related with the government policies and legislations. An Ombudsman can also propose for the changes in legislative policies according to demands of the individuals.
Executive Ombudsman- The main function of Executive Ombudsman is to assess the failure and complaints about conduct regarding the government, it’s officers and other authorities. The Executive Ombudsman is responsible for making public reports for the reference of the officers, and he she also works with them to provide for the better and improved individual.
Media Ombudsman- Being a part of society, a media Ombudsman refers to a sanctioned appointed

for the investigation and inquiry of complaints in varied news organizations and media news covering

associations. There are complaints regarding false news, misrepresenting advertisement, controversial

statements, vilification cases and inappropriate customer- media relations. For proper disposal of all

similar conflicts or disputes, Media Ombudsman came into light.

ROLE OF OMBUDSMAN

An Ombudsman is responsible for dealing in the complaints, received, if any from the general public, authorities against any other private Individual, authority or the government itself.
An Ombudsman also has a responsibility of dealing with his or her own decision or discretion regarding any discussion or dispute.
An Ombudsman is responsible for maintaining, demonstrating and producing periodic specific reports, which are also analyzed by executive authority to secure justice for the individuals.
Ombudsman renders, provides or restores information for the official to use this information to improve the dispute solving procedure.
His responsibility is to insure that there’s no biasness, disrespect, detention or inconsistent negligence in the administration of justice.
Wherever and whenever the ombudsman finds injustice, he she puts it right in. Also, attempt to dive issues without involving formal investigation wisdom.

POWERS OF OMBUDSMAN[v]

The Ombudsman has a power to administer and investigate against any improper administration, conflicts and controversies and takes proper measures to correct them.
An Ombudsman has access to the departmental files and Proceedings. He can access anything for the convenience of settlement of controversies.
Generally, the judges & the lawyers of the court are the legislative Ombudsman. They deal with investigating the complaints of citizens of the nations and points at delivering them with justice.
He can indeed act suo motu. He can grant relief to the aggrieved person as unlike the powers of an ordinary court, his powers aren’t limited.

FUNCTION OF OMBUDSMAN[vi]

Imposition of Fairness and equity-

An Ombudsman must impartially administer the justice and also carry on the disquisition and inquiry of disputes in a proper manner. He must insure the fairness in administration of justice and judicial proceedings.

Review Process-

An Ombudsman must review, redress and relate to all the issues tête-à-tête and on a broader aspect. He must view these issues from legal point of view before acting on them. various complaints are made by the various individualities regarding various matters, some of them are unwarrantable and indeed incorrect. therefore, it’s the function of Ombudsman to review the problems precisely and also take

necessary action on them.

To correct executive wrongs-

Along with the investigation of complaints, an Ombudsman is also responsible for correcting anything which was preliminarily committed in a wrong manner. It also includes the suggestions or commentary of the ombudsman for making amendments in existing laws or for even framing new laws.

Acting as a Bureaucratic watchdog-

Ombudsman act as a watchman for the executive authorities. Ombudsman services are a form of check

on government agencies. They keep an open eye on the functioning of these governmental

organizations.

To investigate complaints-

The introductory function of an ombudsman is to probe and report on complaints against public

authorities. Unlike a court, an ombudsman typically has no power to make legally binding decisions.

ADVANTAGES AND DISADVANTAGES (PROS & CONS)

PROS-

Ombudsman prevents the abuse of power by those who are in- charge similar as government itself.
Ombudsman provides timely manner of dissolution of disputes.
Ombudsman secures justice for all the individuals against private as well as public entities.
They also help in restoring confidence of the citizens in judicial system of India.
Ombudsman also ameliorate the standard of programs and regulations by making suggestions.
Ombudsman also act as a source of information for numerous people regarding the programs and

procedures.

They cover the interest of numerous individuals and promote the need for justice.
In case of disputes, Ombudsman review, requital and relate to the complaints.

Cons-

Ombudsman are considered as failure if their works or investigation proves to be unsuccessful or doesn’t give any result.
The conception isn’t free from Regulatory interference and isn’t inside out corruption free.
Despite so numerous efforts the Ombudsman haven’t succeeded in their job of providing proper

disquisition to matters in hand because of their incapability to give proper and acceptable legal advice.

Basically, the opinions are indeed delayed (especially when issues are complex and complicated),

which fails the entire concept of Ombudsman.

Failure of provision of justice may lead to corrosion of trust of the citizens.

CONCLUSION

Ombudsman is substantially appointment to attack the issues, conflicts and differences among

individuals and between individual and government. Ombudsman services are a form of watchdog on

government, probing and resolving citizen complaints. It reviews the recent rapid-fire spread of

ombudsman services around the world and the associations that have evolved to support them. Next is a step- by- step description of how a typical classical ombudsman office operates, followed by a

comparison of ombudsman services to courts and other avenues for Remedy.

In India, the part of the Ombudsman is played by the Lokpal. At present, the institution of Ombudsman is

established to fight against corruption and malpractices by the administration and ministers. To keep a regular and proper check on the exercise of the powers by the administration, India needs to establish

the Lokpal bill that comes into enforcement stringently. There perhaps misconduct, biasness, misapprehension of powers etc. by government authorities. Whenever there’s injustice Ombudsman way in and correct the ways and ensures provision of justice.

Ombudsman must hold a very high respect and position in public’s eyes, as whenever he makes any recommendations or whenever he investigates any matter or issue, he makes sure that he applies the principles of justice and equity. Under law, equality is a fundamental right of all the individuals. Hence, these Ombudsman are under compulsion by the law, to treat everyone with equity and give everyone equal opportunity.

REFERENCES: –

[i] PREAMBLE- CONSTITUTION OF INDIA.

[ii] Section 6. Staff of the Ombudsman.

(1) The Ombudsman shall have a Secretary and such other officers and employees as the Government may determine in consultation with the Ombudsman to assist the Ombudsman in the exercise of his powers and discharge of his functions under the Act.

(2) The appointment and conditions of service of the Secretary and the employees shall be such as may be prescribed.

(3) The officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the Ombudsman.

(4) Without prejudice to the provisions of sub-section (1), the Ombudsman may for the purpose of conducting investigations under the Act utilize the services of any officer or investigating agency of the Government.

(5) The Ombudsman may requisition the services of any person having experience and expertise in any particular subject in deciding the question before it.

[iii] https://www.analyticssteps.com/blogs/7-types-and-functions-ombudsman

[iv]https://en.m.wikipedia.org/wiki/Ombudsman#:~:text=The%20three%2Dmember%20Ombudsman%20Board,examines%20possible%20cases%20of%20maladministration.

[v] Powers of Ombudsman according to Sec 8 of Jammu and Kashmir Municipal Ombudsman Act, 2010

https://www.indiacode.nic.in/show-data?actid=AC_JK_69_637_00007_00007_1613632812192&orderno=8

[vi] Functions of Ombudsman according to the sec 7 of Jammu and Kashmir Municipal Ombudsman Act, 2010

https://www.indiacode.nic.in/show-data?actid=AC_JK_69_637_00007_00007_1613632812192&orderno=7