LOKPAL AND OMBUDSMAN
- It is Indian synonym for Ombudsman.
- Lokpal was coined by Laxmi Mall Singhvi.
- Due to citizens problems and greviances the administrative reform commission was set up whose head is Morarji Desai.
- Morarji Desai said that there is need to set up two special authorities which is Lokpal and Lokayukta.
- Lokpal is for union and lokayukta is for States.
- Lokpal Bill was firstly introduced in Lok Sabha in 1968 and fonally we have Lokpal and Lokayukta Act 2013 which came into force on 1 January 2014.
IMPORTANT SECTION OF LOKPAL ACT 2013
SECTION 3 OF LOKPAL ACT –ESTABLISHMENT AND COMPOSITION OF LOKPAL
According to this section, Lokpal consist of chairperson who can be ex/ current Chief justice of india or judge of supreme Court.
It also consists of 8 members out of which 50% seats will be reserved for Sc/St/ Obc/minority womens etc.
In total 8 members there must be 50% judicial members and the remaining will be non judicial members.
Judicial members include Judge of Supreme Court or CJI of High Court and non judicial members include those person who have minimum 25 years experience or having special knowledge in particular field or who have implicate intelligence.
SECTION 4 OF LOKPAL ACT 2013 – SELECTION COMMITTEE AND SEARCH COMMITTEE
Selection Committee consists of 5 members
1) Prime minister
3) Leader of opposition party
4) Eminent Jurist
5) Chief Justice or any other judge
This selection Committee constitute panel of 7 members which is known as Search Committee. Their work is to make list of people who have been chosen for Lokpal and Lokayukta committees.
SECTION 6 OF LOKPAL ACT 2013 –TENURE OF LOKPAL CHAIRPERSON AND OTHER MEMBERS
TENURE – 5 years and untill the age of 70 years.
Cannot be MP, MLA or cannot hold office of profit.
SECTION 14 OF LOKPAL ACT 2013 –JURISDICTION
Jurisdiction of Lokpal includes prime minister, minister, member of Parliament, Group A, B, C, D officers, officials of central government.
SECTION 20 OF LOKPAL ACT 2013 – PROCEDURE OF LOKPAL
There are two procedures of Lokpal work:
- Investigation way
- Prosecution way
Whenever there is any complaint made then it goes to enquiry committee. But if there is no enquiry committee then it goes to Delhi Special police commission.
Firstly we check prima facie is there any case made or not. Enquiry committee has given 90 days for investigation. If it is seen that there is case against public servant then clearly ask the public servant about his side. Investigation agency starts the enquiry. Proceedings will be start.
In section 32 of Lokpal Act 2013 it is clearly stated that if any public servant tried to create barriers or to create pressure or undue influence on investigation committee then he/she will be transferred to other state or may be suspended.
If it is clear that the case should be made then the report is made and send to 3 member body of Lokpal and in case of prime minister it is send to 8 members body of Lokpal.
A separate investigation also made. Lokpal comes into the domain.
Finally the case will send to prosecution wing and chargesheet will made and submitted to special court.
Special court deals with particular type of cases. Special court comes into force and charge session from IPC and Corruption Act.
Investigation Committee also given additional time of 60 days other than 90 days to do proper investigation.
- Ombudsman means delegate or officer or commissioner or agent.
- There is no precise definition of Ombudsman but garner describes that he is officer of Parliament act as an agent of Parliament having primarily duty to safeguarding citizens from abuse and misuse from administrative power by executive.
- It is sweden concept in 1803. It is further accepted in many countries like finland, New Zealand and India (Lokpal and Lokayukta).
POWERS AND DUTIES OF OMBUDSMAN
- Ombudsman have power to investigate and do enquiries into the complaints made by citizen and take an appropriate action on it.
- He has also the power to access in department files.
- It is function and duty of Ombudsman to satisfy himself whether or not the complaint was justified.
- He has also the power to take suo moto action.
- He can also grant relief to aggrieved person because his power is not limited as compare to Civil courts.
STATUS OF OMBUDSMAN
- He is a judge or a lawyer or high officer and his character and reputation are above board.
- He is appointed by Parliament.
- This officer is totally independent from other three branches of government that is executive, judiciary and legislature.
- He can make reports and send to parliament and set out reactions of citizens against maladministration practice.
- All the reports made by Ombudsman are published in national newspaper.
- He is watchdog or public safety valve against maladministration.
- It is not successful in those countries which have large population like USA or India because there is large no of complaints of citizens due to large number of population.
- Mukherjee said in India it is not suitable. It is impractical and disastrous experiment which is not fit in Indian constitution.
Ombudsman and Lokpal are the synonyms. Ombudsman means as judiciary has not much power to intervene in administrative matters so any decision made by tribunal or deciding authority due to which there is problem or greviances face by citizens in such case Legislature appoint an officer known as Ombudsman who solves the citizen problems and safeguarding from abuse and misuse of administrative power by executive.
On other hand Lokpal is an Indian synonym for ombudsmen. Their work is also to solve the problem and greviances of citizens so administrative reform commission was set up whose head is Morarji Desai. Lokpal for union and lokayukta is for States. Lokpal and Lokayukta have same meaning but use as different name as Lokpal.
Author: Mohak Jain,
Ideal Institute of Management and Technology Karkardooma