UNIT –V Ombudsman: Lokpal and Lok Ayukta

The concept of the Ombudsman has become a cornerstone of accountability and transparency in governance across India. With institutions like the Lokpal at the national level and Lok Ayukta operating in various states, there have been ongoing efforts to address grievances and combat corruption effectively. This article dives deeper into the evolving role of the Ombudsman in India, focusing on the Lokpal, Lok Ayukta, state liability, commissions of inquiry, and public corporations, alongside their control mechanisms.

Understanding the Ombudsman Concept

The term "Ombudsman," originating from the Swedish word for "representative," describes an intermediary who helps citizens address complaints against governmental entities. This system is crucial for promoting accountability by investigating instances of misadministration and injustice.

In India, the Ombudsman framework was established through various laws designed to combat corruption and provide effective grievance redressal. For example, the Lokpal and Lokayukta Acts represent significant legislative steps toward ensuring that public officials are held accountable for their actions.

The Lokpal: India's Central Vigilance

Origin and Establishment

The Lokpal was created under the Lokpal and Lokayuktas Act of 2013, primarily to fight corruption and promote accountability among public officials. Its establishment was fueled by growing public frustration over widespread corruption, particularly highlighted during the anti-corruption movement led by Anna Hazare.

Functions and Powers

The Lokpal possesses extensive powers to investigate allegations against public officials, including the Prime Minister and high-ranking officials. It can initiate inquiries, request documents, and summon witnesses. Remarkably, it has the authority to recommend disciplinary action, and in severe cases, it can direct the filing of First Information Reports (FIRs), enabling criminal investigations.

For instance, in 2021, the Lokpal recommended action against several bureaucrats for various forms of misconduct, showcasing its potential to influence governance.

Challenges Faced

Despite its establishment, the Lokpal struggles with significant challenges. Delays in appointing members, lack of adequate infrastructure, and bureaucratic hurdles have stalled its effectiveness. According to a report from 2022, over 60 percent of the cases filed remain unresolved due to these difficulties, emphasizing the need for political will and support.

The Lok Ayukta: Decentralizing Accountability

A Brief Overview

The Lok Ayukta functions at the state level, addressing corruption and maladministration within state governments. Established through state legislation, this system ensures that accountability is not confined to the national level.

Functions and Structure

Operating independently of state governments, the Lok Ayukta investigates complaints against state officials, including ministers. Its structure varies by state, typically comprising a chairperson and members, often consisting of retired judges and civil servants.

In Karnataka, for instance, the Lok Ayukta has successfully addressed numerous complaints, leading to convictions of officials for corruption.

Impact on State Governance

The existence of Lok Ayuktas has made a tangible difference in state governance. While performance varies across states, many Lok Ayuktas have fostered transparency and built public trust in local governance. Since 2015, states that effectively implemented Lok Ayukta systems have seen up to a 30% decrease in reported corruption cases.

Liability of the State in Torts and Contracts

Understanding State Liability

State liability in torts and contracts defines the legal relationship between citizens and the state regarding civil responsibility. Traditionally, states enjoy immunity from being sued. However, through legislative and judicial advancements, this immunity has been reduced.

The Concept of Sovereign Immunity

Sovereign immunity generally protects the state from civil liability, except in specific cases. To claim damages, individuals must prove fault, which complicates accountability. In a significant case in 2020, the Supreme Court ruled that the state could be sued if it failed to fulfill its obligations related to a public promise.

Promissory Estoppel

An important legal doctrine relating to state liability is promissory estoppel. This principle prevents a state from going back on a promise, provided that citizens have relied on that promise to their detriment. For example, if a government agency promised job placements based on an educational program, they might be held accountable if they do not deliver, regardless of a formal contractual agreement.

Commissions of Inquiry: Investigative Mechanisms

Purpose and Establishment

Commissions of Inquiry are investigative entities set up under the Commissions of Inquiry Act, 1952, to probe significant public issues, including corruption and social unrest. These commissions play a vital role in public accountability.

Structure and Powers

Commissions consist of a chairperson and appointed members with expertise in relevant fields. They can summon witnesses, collect evidence, and submit findings to the government. In 2021, a commission formed to investigate a high-profile corruption case provided findings that led to reforms in governance processes.

Implications for Governance

The conclusions drawn by commissions can result in vital policy changes. Their reports also serve as tools for citizens to demand accountability from local and national leaders, reinforcing community trust in the political system.

Central Vigilance Commission: Overseeing Integrity

Establishment and Role

Established in 1964, the Central Vigilance Commission (CVC) is essential for ensuring public service integrity, especially against corruption. It operates independently and investigates complaints about public officials.

Functions and Mechanisms

The CVC promotes good governance by monitoring public sector operations and issuing ethical guidelines. It has the authority to conduct inquiries and make recommendations on corruption cases. In 2022 alone, the CVC addressed over 1,500 complaints, showcasing its active role in promoting transparency.

Challenges to Effectiveness

Despite its achievements, the CVC faces obstacles, such as limited resources and political interference. A survey indicated that nearly 45% of citizens remain unaware of the CVC's role, highlighting the need for improved public education.

Public Corporations and Control Mechanisms

Role of Public Corporations

Public corporations significantly contribute to India's economy, offering crucial services in sectors like telecommunications and energy. They are government-established entities aimed at fulfilling specific public functions.

Control Mechanisms

To ensure accountability, public corporations are subject to various oversight mechanisms, including financial audits, performance assessments, and direct supervision by government ministries. They must also comply with regulations set forth by the Comptroller and Auditor General (CAG).

Importance of Transparency

There is a growing emphasis on transparency in public corporations to combat corruption. When corporations implement clear governance frameworks, they can ensure public resources are utilized effectively. For example, incorporating regular audits has reduced misappropriations by up to 25% in several sectors.

 Administrative Law: Summary Table

Topic	Key Points
Ombudsman	Mechanism to address public grievances against maladministration.
Lokpal	Central level Ombudsman for public functionaries. Established under Lokpal and Lokayuktas Act, 2013.
Lokayukta	State-level Ombudsman; investigates corruption allegations against state ministers and public servants.
Liability of State in Torts	State liable for tortious acts of servants in sovereign or non-sovereign capacity. Based on Kasturilal v. State of UP.
Liability of State in Contracts	Governed by Article 299 of Constitution. Requires proper form and authority; State can be sued for breach.
Promissory Estoppel	Prevents State from going back on promises if the other party has acted on reliance. Key case: Union of India v. Anglo Afghan Agencies.
Commissions of Inquiry	Set up under Commissions of Inquiry Act, 1952; Investigate public matters of importance. Not judicial but fact-finding in nature.
Central Vigilance Commission	Autonomous body to tackle corruption in central govt. departments. Set up by executive resolution (1964), given statutory status in 2003.
Public Corporations	Autonomous bodies created by statutes to carry out commercial/administrative functions (e.g., LIC, ONGC).
Control of Public Corporations	Controlled through legislative (audits, CAG), executive (directions), judicial (writs) & administrative (appointments, reports) mechanisms.

Future Outlook of Ombudsman Framework in India

The Ombudsman framework, encompassing Lokpal and Lok Ayukta, is essential for fostering accountability in India's governance landscape. By analyzing state liability, commissions of inquiry, the Central Vigilance Commission, and the various control mechanisms governing public corporations, we observe a continuing evolution in these systems.

As awareness among citizens regarding their rights expands, the function of the Ombudsman will also evolve. The success of the Lokpal, Lok Ayukta, and their corresponding structures relies heavily on sustained public engagement, necessary reforms, and a genuine political commitment to promote justice and transparency in governance.