Ombudsman

● The institution of Ombudsman (an official appointed to investigate individuals'

complaints against a company or organisation, especially a public authority)
was created in Sweden in as early as 1809, for the redressal of citizens’
grievances, followed by Finland, Denmark, Norway, New Zealand, England
and India.
● Ombudsman, a Swedish word, stands for an officer who is appointed by the
legislature to deal with complaints against administration and judicial actions.
The ombudsman generally takes up cases not only on the complaints made
by those affected by administrative decisions, but also can investigate on his
own. As an impartial investigator, the ombudsman makes investigations,
collects the facts objectively and reports back to the legislature.
● The reasons for taking recourse to ombudsman in many countries, in recent
times, is the growing dissatisfaction of the people regarding lack of sensitivity,
efficiency, fair play on the part of public officials and due to the ombudsman's
simple, and speedy method of handling appeals against administrative
actions.
● The Administrative Reforms Commission (ARC), which was constituted in
1966, gave priority to the problem of redressal of public grievances and
submitted its first interim report on the 'Problems of Redressal of Citizens
Grievances'.
● The ARC recommended the creation of an Ombudsman-type institution
namely the Lokpal and Lokayukta. The Ombudsman institution is based on
the principle of administrative accountability to parliament. The institution
refers to an officer appointed by the legislature to handle complaints against
administrative and judicial action.
● Finally, ARC recommended that complaints against ministers and Secretaries
to the government may be dealt with by an authority called 'Lok Pal' and
'Lokayukta' at the Centre and States respectively to deal with complaints
against the administrative acts of other authorities.

Features
● The features of these institutions as given by ARC are:
 1. They should be demonstrably independent and impartial.
2. Their investigations and proceedings should be conducted in private and
should be uniform in character.
3. Their appointment should, as far as possible, be non-political.
4. Their status should compare with the highest judicial functionary in the
country.
5. They should deal with matters in the discretionary field involving acts of
injustice, corruption and favouritism.
6. Their proceedings should not be subjected to judicial interference and they
should have the maximum latitude and powers in obtaining information
relevant to their duties, and
7. They should not look forward to any benefit or pecuniary advantage from
the executive government.

History and evolution of Lokpal and Lokayukta

● Based on the recommendations of ARC, many attempts were made from
1968 onwards for the establishment of Lokpal at the Central level. The
Government of India introduced bills for this purpose in the Parliament in
1968,77,85,90,98,2001 till 2011, but before the government could take a final
stand on the issue, the house was dissolved. The Bill was again introduced in
the parliament following massive public protests led by anti-corruption
crusader Anna Hazare and his associates, known as India Against Corruption
movement. It was passed in the Rajya Sabha on 17 December 2013 after
making certain amendments to the earlier Bill and in the Lok Sabha on 18
December 2013. It received assent from President Pranab Mukherjee on 1
January 2014 and came into force from 16 January 2014.
● Objective:
a. is to provide a speedy, cheaper form of justice to people.
b. Independence of the Office : In order to ensure the independence of
functioning of the august office, the following provisions have been
incorporated:
1. Appointment is to be made on the recommendation of a committee.
2. The Lokpal is ineligible to hold any office of profit under Government of India
or of any state, or similar such posts after retirement.
 3. Fixed tenure of three years and can be removed only on the ground of proven
misbehaviour or incapacity after an inquiry made by CJI and two senior most
judges of SC.
4. Lokpal will have its own administrative machinery for conducting
investigations.
5. Salary of Lokpal is to be charged on the Consolidated Fund of India. PM
relation to latter’s functions of national security and public order.
6. Complaints of offence committed within 10 years from the date of complaint
can be taken up for investigation, not beyond this period.
7. Any person other than a public servant can make a complaint.
8. The Lokpal is supposed to complete the inquiry within a period of six months.
9. The Lokpal has the power of a civil court to summon any person or authority.
After investigation, the ombudsman can only recommend actions to be taken
by the competent authority.
10. He can order search and seizure operations.
11. He shall present annually the reports of investigation and the latter with the
action take report has to put it before the both houses of parliament.
● It may be noted that the Lokpal is supposed to investigate cases of corruption
only, and not address itself to redressing grievances in respect of injustices
and hardship caused by maladministration.

Structure of Lokpal
● Lokpal is a multi-member body that consists of one chairperson and a
maximum of 8 members. Chairperson of the Lokpal should be either the
former Chief Justice of India or the former Judge of Supreme Court or an
eminent person with impeccable integrity and outstanding ability, having
special knowledge and expertise of minimum 25 years in the matters relating
to anti-corruption policy, public administration, vigilance, finance including
insurance and banking, law and management. Out of the maximum eight
members, half will be judicial members and minimum 50% of the Members
will be from SC/ ST/ OBC/ Minorities and women.
● The judicial member of the Lokpal is either a former Judge of the Supreme
Court or a former Chief Justice of a High Court.
 ● The non-judicial member should be an eminent person with impeccable
integrity and outstanding ability, having special knowledge and expertise of
minimum 25 years in the matters relating to anti-corruption policy, public
administration, vigilance, finance including insurance and banking, law and
management.
● The term of office for Lokpal Chairman and Members is 5 years or till the age
of 70 years. The members are appointed by the president on the
recommendation of a Selection Committee.
● The selection committee is composed of thePrime Minister who is the
Chairperson; Speaker of Lok Sabha, Leader of Opposition in Lok Sabha,
Chief Justice of India or a Judge nominated by him/her and One eminent
jurist.
● For selecting the chairperson and the members, the selection committee
constitutes a search panel of at least eight persons. Retired Supreme Court
judge Pinaki Chandra Ghose was appointed as the first Lokpal of India by a
committee consisting of Prime Minister Narendra Modi and Chief Justice of
India Ranjan Gogoi and Lok Sabha speaker Sumitra Mahajan and Eminent
Jurist Mukul Rohatgi on 17 march 2019

Lokpal Jurisdiction and Powers

● Jurisdiction of Lokpal includes the Prime Minister, Ministers, members of
Parliament, Groups A, B, C and D officers and officials of the Central
Government.
● Jurisdiction of the Lokpal included the Prime Minister except on allegations of
corruption relating to international relations, security, the public order, atomic
energy and space.
● The Lokpal does not have jurisdiction over Ministers and MPs in the matter of
anything said in Parliament or a vote given there.
● Its jurisdiction also includes any person who is or has been in charge
(director/ manager/ secretary) of anybody/ society set up by central act or any
other body financed/ controlled by central government and any other person
involved in act of abetting, bribe giving or bribe taking.
● The Lokpal Act mandates that all public officials should furnish the assets and
liabilities of themselves as well as their respective dependents.
 ● It has the powers to superintendence over, and to give direction to CBI. If
Lokpal has referred a case to CBI, the investigating officer in such case
cannot be transferred without the approval of Lokpal.
● The Inquiry Wing of the Lokpal has been vested with the powers of a civil
court.
● Lokpal has powers of confiscation of assets, proceeds, receipts and benefits
arisen or procured by means of corruption in special circumstances.
● Lokpal has the power to recommend transfer or suspension of public servant
connected with allegations of corruption. Lokpal has the power to give
directions to prevent the destruction of records during the preliminary inquiry.

Limitations
● The institution of Lokpal has tried to bring a much needed change in the battle
against corruption in the administrative structure of India but at the same time,
there are loopholes and lacunae which need to be corrected.
● The Lokpal and Lokayuktas Act 2013 was passed by parliament, but its
appointment has only done on March 2019, it’s all because of lack of political
will.
● The Lokpal act also called upon states to appoint a Lokayukta within a year of
its coming into force. But only 16 states have established the Lokayukta.
● Lokpal is not free from political influence as the appointing committee itself
consists of members from political parties. The appointment of Lokpal can be
manipulated in a way as there is no criterion to decide who is an ‘eminent
juristʼ or ‘a person of integrity.ʼ
● The 2013 act did not provide concrete immunity to the whistle blowers. The
provision for initiation of inquiry against the complainant if the accused is
found innocent will only discourage people from complaining.
● The biggest lacuna is the exclusion of the judiciary from the ambit of the
Lokpal.
● The Lokpal is not given any constitutional backing and there is no adequate
provision for appeal against the Lokpal.
● The specific details in relation to the appointment of Lokayukta have been left
completely in the States.
 ● To some extent, the need for functional independence of the CBI has been
catered to by a change brought forth in the selection process of its Director, by
this Act.
● The complaint against corruption cannot be registered after a period of seven
years from the date on which the offence mentioned in such a complaint is
alleged to have been committed.

LOKAYUKTA
● The Ombudsman established at the level of States in India is known as the
Lokayukta. Many state governments have established the offices of the
Lokayukta and Up-Lokayukta.
● Appointment: The appointment of the Lokayukta and Up-Lokayukta is made
by the Governor who is the executive head in the states. The Lokayukta Acts
provide that the Governor shall appoint Lokayukta Up-Lokayukta in
consultation with the Chief Justice of the High Court of the state and the
leader of the opposition in the legislative assembly.
● Term of Office: The term of office for Lokayukta and Upa-Lokayukta has been
fixed for five years.
● Jurisdiction: The Lokayukta and Up-Lokayukta has been granted powers to
investigate any action, which is taken by or with the general or specific
approval of a minister or a secretary, or any other public servant. Thus, all
administrative actions from the level of ministers to the lower levels are
subjected to scrutiny by the Lokayukta and Up-Lokayukta. Certain other
categories of officials like Chairman of Zila Parishad and other local bodies
have also been included within the purview of the Lokayukta.

Other Anti-corruption Bodies

CENTRAL VIGILANCE COMMISSION (CVC)
● Central Vigilance Commission (CVC) is an apex Indian governmental body
createdin 1964 to address governmental corruption.
 ● It has the status of an autonomous body, free of control from any executive
authority, charged with
1. monitoring all vigilance activity under the Central Government of India, and
2. advising various authorities in central Government organisations in
planning, executing, reviewing and reforming their vigilance work.
● It was set up by the Government of India in February, 1964 on the
recommendations of the Committee on Prevention of Corruption, headed by
Shri K. Santhanam, to advise and guide Central Government agencies in the
field of vigilance.

Role of CVC
● The CVC is not an investigating agency, and works through either the CBI or
through the Departmental Chief Vigilance Officers. The only investigation
carried out by the CVC is that of examining Civil Works of the Government
which is done through the Chief Technical Officer. Corruption investigations
against government officials can proceed only after the government permits
them. The CVC publishes a list of cases where permissions are pending,
some of which may be more than a year old The CVC has also been
publishing a list of corrupt government officials against which it has
recommended punitive action.

Appointment of CVC
● The Central Vigilance Commissioner and the Vigilance Commissioners are
appointed by the President after obtaining the recommendation of a
Committee consisting of the Prime Minister as Chairperson and the Home
Minister and the Leader of the Opposition in the Lok Sabha as members.

Removal of CVC
● The Central Vigilance Commissioner or any Vigilance Commissioner can be
removed from his office only by order of the President on the ground of
proved misbehaviour or incapacity after the Supreme Court, on a reference
made to it by the President, has, on inquiry, reported that the Central Vigilance
Commissioner or any Vigilance Commissioner, as the case may be, ought to
be removed. The President may suspend from office, and if deem necessary
 prohibit also from attending the office during inquiry, the Central Vigilance
Commissioner or any Vigilance Commissioner in respect of whom a reference
has been made to the Supreme Court until the President has passed orders
on receipt of the report of the Supreme Court on such reference. The
President may, by order, remove from office the Central Vigilance
Commissioner or any Vigilance Commissioner if the Central Vigilance
Commissioner or such Vigilance Commissioner, as the case may be:
1. is adjudged an insolvent; or
2. has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
3. engages during his term of office in any paid employment outside the duties
of his office; or
4. is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body; or
5. has acquired such financial or other interest as is likely to affect
prejudicially his functions as a Central Vigilance Commissioner or a Vigilance
Commissioner

Limitations of CVC
The following are the limitations of CVC:
1. CVC is only an advisory body. Central Government Departments are free to
either accept or reject CVC's advice in corruption cases.
2. CVC does not have adequate resources compared with number of complaints
that it receives. It is a very small set up with a sanctioned staff strength of 299.
Whereas, it is supposed to check corruption in more than 1500 central
government departments and ministries.
3. CVC cannot direct CBI to initiate inquiries against any officer of the level of
Joint Secretary and above on its own. Such a permission has to be obtained
from the concerned department.
4. CVC does not have powers to register criminal case. It deals only with
vigilance or disciplinary cases
5. CVC has supervisory powers over CBI. However, CVC does not have the
power to call for any file from CBI or to direct CBI to investigate any case in a
particular manner. CBI is under administrative control of Department of
 Personnel and Training (DoPT). Which means that, the powers to appoint,
transfer, suspend CBI officers lie with DoPT.
6. Appointments to CVC are indirectly under the control of Govt of India, though
the leader of the Opposition (in Lok Sabha) is a member of the Committee to
select CVC and VCs. But the Committee considers candidates put up before
it. These candidates are decided by the Government. As a result, although
CVC is relatively independent in its functioning, it has neither resources nor
powers to inquire and take action on complaints of corruption that may act as
an effective deterrence against corruption.

CENTRAL BUREAU OF INVESTIGATION

● The Central Bureau of Investigation (CBI) is the premier investigating police
agency in India. It is also the nodal police agency in India, which coordinates
investigations on behalf of Interpol Member countries.
● A central government police force was initially set up by an executive order of
the Government of India in the early stages of World War-II (in 1941) to
investigate cases of corruption in respect of war related expenditure. This
police force was known by the name of Special Police Establishment (SPE).
After the war, a need was felt to have a Central Government Agency to
investigate bribery and corruption related matters pertaining to Central
Government employees. Hence, SPE’s scope was extended to cover all
departments of Government of India, through the Delhi Special Police
Establishment Act, 1946. Its jurisdiction was later extended to cover all Union
Territories and to States, with their prior consent. Over the years, CBI has
evolved into a multi-faceted, multi-disciplinary central police law enforcement
agency.
● The Committee on ‘Prevention of Corruption’, known as Santhanam
Committee, in its recommendations dated 17.11.1962, advised the
Government to give additional responsibilities to SPE. Subsequent to that,
Government of India notified a resolution dated 01.04.1963, giving the agency
a new name, Central Bureau of Investigation and expanding its scope. Initially
its role covered corruption by Central Government employees. Later,
employees of Central Public Sector Undertakings and Public Sector Banks
were also brought within the ambit of CBI.
● After the enactment of CVC Act, 2003, the superintendence over CBI vests in
the Central Vigilance Commission, in so far as investigation of offences under
the Prevention of Corruption Act, 1988, in respect of employees covered
under the jurisdiction of CVC is concerned. As per CVC Act 2003, CBI
Director was appointed by the Government on recommendations of a
committee headed by the Central Vigilance Commissioner. However, after
notification of Lokpal and Lokayuktas Act, 2013, in January 2014, the
appointment of Director CBI is made by a selection Committee consisting of
the Prime Minister (Chairperson), leader of Opposition in Lok Sabha, Chief
Justice of India or Judge of the Supreme Court nominated by him.