Introduction:
An ombudsman is an official, who is usually appointed by the government and is in charge of representing the rights of the public, addressing and investigating the complaints related to the maladministration, against public entities, financial institutions, government departments, etc. the main function of an ombudsman is to resolve the disputes that may arise either by recommendation or mediation. They are called by various other names, some of which are: ombudsperson, ombud, or public advocate. The decision given by the ombudsman is not binding at all times and is largely dependent on the jurisdiction, but his/ her decision has considerable value.
Prof. Donald Rowat, in his paper titled, “A Worldwide Study of Ombudsman”[1] explained the two main characteristics of an Ombudsman:
- To safeguard the perpetuity, neutrality and freedom of the system from maladministration, which has been complained about.
- To accept and inquire about the grievances of the public against the administration.
History
The concept of Ombudsman originated in 1809, in Sweden, which is a Scandinavian nation.[2] The concept arose as a result of the search for an effective mechanism to prevent parties from dire consequences of administrative faults. In terms of utility, ‘ombudsman’ means, ‘a watchdog for the administration’. Conceptually speaking, an ombudsman’s role is the non- adversarial adjudicator of disputes and serves as an alternative to resolve disputes, especially those between government agencies and citizens.[3]
The current understanding of the ombudsman is though derived from that established in 1809 in Sweden, a trace of existence and practice can be found in ancient history as well.
Dr Pickle, Director General of the Austrian Provincial Ombudsman’s Office in his paper “The Provincial Ombudsman and Administrative Reforms,” observes:
“Before the times of the Prophet Muhammad (PBUH ) there was no administration in the proper sense in many Bedouin tribes, and in the towns, too, there were only simple administration systems; there was nothing like the organizational structures of the Romans, Byzantines or Persians. It was the Prophet who first introduced administrative authorities. Caliph Omar created the Institution of Mohtasib. Its function was to be a guardian of public morals in many fields of life, especially in the towns and above all in the market place. He was the market supervisor, as well as the settler of disputes. He enjoyed complete independence and functioned within the framework of an institution called ‘hisbah’. The era of the Caliphs was followed by the reign of the Umaiyads and of the Abbasids. It was marked by foreign influences, especially from the Byzantines and the Sasanids. In North Africa, the Roman influence was predominant. Nevertheless, the institution of special office to examine grievances was preserved. With increasing frequency-independent judges were entrusted with this function.
It was also in the era of the Abbasids (750-847) that the complaint handling agencies called ‘Diwan-al-Mazalim’ was established. ‘Diwan’ means an office, a secretariat or an official agency. The function of the ‘Diwan-al-Mazalim’ was to examine complaints brought by the public against government officials. This institution was headed by a senior judge responsible for examining these grievances. The practice of entrusting high judges with the function of handling complaints has been retained even up to the present day.”[4]
This implies, that though the institution of Provincial Ombudsman in its present form was first established in Sweden in 1809, the same had been in operation in the Islamic world way back.
The office of Ombudsman in Sweden was established to assist the Executive and the Judiciary by the Legislature.
Concept
In a democratic system, the welfare of the citizens is of greatest importance, but looking into the present scenario, it would be safe to say that the issues and grievances of the citizens go unheard and unaddressed, especially when the said issues are related to administrative practices. The major issue that the administrative system faces is that related to the lack of a trustworthy alternative institution with a democratic framework, that has the trust of the people that it is primarily designed for, and is also capable of dealing with their grievances. For a better redressal mechanism, the need of a watchdog over the government and its institutions increased, this gave rise to the concept of ombudsman in the present day, with the main objective to curb maladministration and corruption.
The idea of such an institution is to enable a better redressal mechanism, in spite of the political instability in the country. The need for this provision is more so in underdeveloped, and developing countries. The institution of ombudsman or the parliamentary commissioner is gaining increasing recognition as a powerful instrument for redressing the citizen’s complaints arising from the callousness of the administrative machinery or the transgression by it of the individual’s rights.[5]
Types of Ombudsman
There are various types of ombudsman, but a distinction between them and the Scandinavian ombudsman is that the Scandinavian ombudsman is specialized and centred on supervising the government, has developed into a kind of state defender, with a wide mandate and a special emphasis on citizens’ fundamental rights.
1. General ombudsman
It is an independent institution, which is answerable only to the Parliament and is not under any jurisdictional control. It mainly has two functions and they are: a) supervision of all functions of all public administrations: b) watching over the fundamental rights of citizens.
This ombudsman’s office is independent of the legislative period as well.
2. Mediator
The functions are similar to that of a general ombudsman. This institution is widely accepted in France, and also has the mandate to operate administration on a national level. This ombudsman’s term is dependent on the term of the legislature.
3. Specialized ombudsman
This institution is also very similar to the general ombudsman, but has certain restrictions, as they are limited to a certain segment of the entire population.
4. Regional ombudsman
The office comprises the same mandate as that of the general ombudsman but is only restricted to that particular local administration. This system is mostly used in Italy and Germany.
Evolution in Various Places
In Sweden- The present-day structure of an ombudsman was first seen in Sweden, and the Swedish word ‘ombud’ means “Commissioner or Agent” which is derived from the Old Norse Umbodh means to charge a Commission.[6] A Swedish ombudsman is an independent, impartial and economically viable to seek help for redressal of grievances pertaining to corruption and mal- administrative practices. This institution has not only instilled confidence in the general public but has also given the basic structure of the functions of an ombudsman in various other countries.
The Danish Ombudsman- This institution is appointed by the Danish Parliament. For one to be a Danish Ombudsman, the person must be a law graduate. This institution is very recent in its origin. On June 11, 1954, the King gave his assent to the Parliamentary Ombudsman Act, and on March 29, 1955, Parliament appointed Stephan Hurwitz, an eminent professor of criminal law, as its first Ombudsman. Professor Hurwitz has continued in the position since its creation. [7]
In India- Lokpal is India’s attempt at establishing an ombudsman system. word is derived from the Sanskrit word “lok” (people) and “pala” (protector/caretaker), or “caretaker of people.” This concept was first proposed in the parliament by the then law minister Ashoke Kumar Sen in the early 1960s. Thus, the first Jan Lokpal Bill was passed in the year 1969 in the Lok Sabha but didn’t pass through the Rajya Sabha. The bills were subsequently passed in the 1970s. these bills provide for filing complaints against corruption and maladministration and for the redressal of the same. Though this was a sincere attempt at establishing the ombudsman system in India, it faced various criticisms which included it being called naïve and extra-constitutional.
Conclusion
In a democracy, the citizens are expected to have an unbiased platform to put forth their concerns and complaints pertaining to the corruption and maladministration within government departments and financial institutions. We can safely conclude, that the work of an Ombudsman is to ensure fair and unbiased public administration and fair redressal of the citizen’s issues. This concept may come as an extension of the judicial system in itself. While the system of the ombudsman is a great initiative, it may be successful only in a state where the population is lesser, and the political scenario is stable, which is difficult to achieve in countries like India and the United States.
References:
[1] 28 Canadian Journal of Economic and Political Science. 4, 253.
[2] I P MASSEY, ADMINISTRATIVE LAW, 545.
[3] I P MASSEY, ADMINISTRATIVE LAW, 546.
[4] Role of Ombudsman, INFORMATION WORLD, (Feb. 6, 2009), http://knowledge-information-world.blogspot.com/2009/02/role-of-ombudsman.html.
[5] Kanupriya Grewal, A Descriptive Study on Ombudsman, 3 INTERNATIONAL JOURNAL OF LAW, 27.
[6] Kanupriya Grewal, A Descriptive Study on Ombudsman, 3 INTERNATIONAL JOURNAL OF LAW, 27.
[7] Kanupriya Grewal, A Descriptive Study on Ombudsman, 3 INTERNATIONAL JOURNAL OF LAW, 28.
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