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Indian Polity & Governance

Topic
Lokpal & Lok Ayukta

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Ombudsman

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The office of the ombudsman originated-in Sweden in 1809 and has

been adopted by many nations.
The Swedish word Ombudsman means a procurator or agent of civil
affairs, may be interpreted as the peoples advocate.
Ombudsman is a government official who investigates citizens
complaints against the high government functionaries.
Though appointed by the legislature he is an independent functionary independent of all the three organs of the state, but reports to the
legislature.

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The Ombudsman can act both on the basis of complaints made by

citizens, or suo moto- that is on his own initiative. He can look into
allegations of corruption as well as maladministration.

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Lokpal

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Lokpal is synonymous to the institution of Ombudsman existing in

the Scandinavian countries.
The Administrative reforms Commission (ARC) set up in 1966
recommended the constitution of a two-tier machinery of a Lokpal at
the Centre, and Lokayuktas in the states as it will remove the sense of
injustice from the minds of citizens and also install public confidence in
the efficiency of administrative machinery.
The Lokpal was visualized as the watchdog institution on ministerial
probity.
Broadly the provisions of different bills empowered the Lokpal to
investigate corruption cases against Government political functionaries
at the highest level in the Central government

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Essential features of the Lokpal Bill 2001 are:

Objective is to provide speedy, cheaper form of justice to people.

Members: Lokpal is to be a three member body with a chairperson who
is or had been a chief justice or judge of the Supreme Court; and its two
other members who are judges or chief justices of high courts.
Appointment The chairperson and members shall be appointed by the
President on the recommendation of a committee consisting of the
following persons. (a) The Vice-President (Chairman) (b) The PM (c) The
Speaker of LS (d) Home Minister (e) Leader of the House, other than the
house in which PM is a member (f) Leaders of Opposition of both the
houses.

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Lokpal will have its own administrative machinery for conducting

investigations.
Jurisdiction of Lokpal: The central level political functionaries like the
Council of Ministers including the Prime Minister, the Members of
Parliament etc.
The Lokpal shall complete the inquiry within a period of six months.
The Lokpal has the power of a civil court to summon any person or
authority.

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Why Lokpal Bill has not been passed in the last more than 4
decades:
Reasons for the delay in enactment of the Bill centre around lack of
consensus on the following:

Whether the office of the Prime Minister be brought under the

purview of Lokpal

Whether the Lokpal should have its own investigation machinery, or it

should depend on the existing ones

Whether proceedings should be held in camera or otherwise

Whether the recommendations should be binding or not

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NCRWC

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The National Commission to Review the Working of Constitution

(NCRWC)2000-2002- in its report submitted in 2002 stressed the need
to enact legislation on Lokpal.
It recommended that the Constitution be amended to incorporate a
provision making it obligatory on the state governments to set up the
institution of Lokayukta.

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Second ARC and Rashtriya Lokayukta

The second Administrative Reforms Commission (ARC) set up in 2005
recommended that the Lokpal be given a constitutional status and
renamed the Rashtriya Lokayukta.
In its fourth report on Ethics in Governance, (2007) the Commission
recommended steps to bring about greater transparency and
accountability in governance at all levels and root out corruption

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Lokayukta

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The first Lokayukta institution was established in the State of Orissa in

the year 1970 There after, this institution was established in different
States in different years namely: Maharashtra (1972), Bihar (1974), Uttar
Pradesh (1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal
Pradesh (1983), Karnataka (l984) etc.
Lokayukta laws are in force in seventeen States today.
However the power, function and jurisdiction of Lokayuktas are the not
uniform in the country. In some states it has been applicable to all the
elected representatives including the CM.

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in some other states legislators have been kept out of his purview.

In some states, Lokayuktas have not been provided with their

independent investigative machinery making them dependent on the
government agencies infrastructure is inadequate and so is staff.
bound
installation
of Lokayukta
institution
TheTime
issues
with
reference
to Lokayukta
are:
Providing it with adequate infrastructure
Providing it with an independent investigative agency
Giving it scope that includes the highest government functionaries
political and administrative

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