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Admin Law Answers-50

The Ombudsman institution originated in Scandinavian countries to oversee administrative power, starting with Sweden in 1809. In India, the need for an Ombudsman arose due to public concerns about corruption, leading to the recommendation of 'Lokpal' in 1966 and the eventual enactment of the Lokpal and Lokayuktas Act in 2013. The Lokpal consists of a Chairperson and up to eight members, with specific eligibility criteria and reservations for underrepresented groups.

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Admin Law Answers-50

The Ombudsman institution originated in Scandinavian countries to oversee administrative power, starting with Sweden in 1809. In India, the need for an Ombudsman arose due to public concerns about corruption, leading to the recommendation of 'Lokpal' in 1966 and the eventual enactment of the Lokpal and Lokayuktas Act in 2013. The Lokpal consists of a Chairperson and up to eight members, with specific eligibility criteria and reservations for underrepresented groups.

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He is often described as the "Watchdog of the administration" or the "protector of the little

man," serving as a "public safety valve" against mal-administration.

II. ORIGIN AND INTERNATIONAL DEVELOPMENT

The institution of Ombudsman originated in Scandinavian countries to provide an effective


control mechanism over the increasingly powerful administrative machinery.

• Sweden (1809): Sweden was the first country to adopt this institution. Two officers
were appointed—one for civil and one for military administration—nominated by the
Parliament.
• Denmark (1953) & Norway (1963): Following the Swedish model, these countries
established the office to supervise state administration and investigate cases suo motu.
• Common Law Countries: New Zealand was the first common law country to adopt
the system in 1962 (Parliamentary Commissioner Act), followed by Britain in 1967
and Australia in 1976.

III. DEVELOPMENT IN INDIA (THE CHEQUERED CAREER OF LOKPAL)

The need for an Ombudsman in India arose due to the widespread public perception of
administrative corruption and inefficiency.

1. Administrative Reforms Commission (ARC), 1966: In its interim report, the ARC
recommended the creation of 'Lokpal' (to deal with complaints against Ministers and
Secretaries) and 'Lokayukta' (for other officials).
2. Failed Legislative Attempts: Between 1968 and 2001, several Bills were introduced
in the Lok Sabha (1968, 1971, 1977, 1985, 1989, 1996, 1998, 2001) but all proved
abortive due to the dissolution of the Lok Sabha or other political reasons.
3. The 2013 Act: Finally, the Lokpal and Lokayuktas Act, 2013 was enacted to
provide a statutory framework for inquiring into allegations of corruption against
certain public functionaries.

IV. COMPOSITION OF LOKPAL (SECTION 3)

Under Section 3 of the Act, the Lokpal consists of:

• A Chairperson: Who is or has been a Chief Justice of India, or a Judge of the


Supreme Court, or an eminent person fulfilling specific eligibility criteria.
• Members: Not exceeding eight members, out of whom 50% shall be judicial
members.
• Reservation: Not less than 50% of the members must belong to Scheduled Castes,
Scheduled Tribes, OBCs, Minorities, and women.
• Eligibility for Judicial Member: Must be or have been a Judge of the Supreme
Court or a Chief Justice of a High Court.

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