Position of Ombudsman in India

Yash Dhawan AND Vidhi Marwaha
Symbiosis Law School, Hyderabad, India

Volume III, Issue II, 2020

This paper elucidates one of the most discussed and debated offshoots of Administrative Law regime, that is, the establishment of the institution of Ombudsman. This paper is a result of secondary research methodology. This has been the topic of debate since India gained independence from the British rule. It is a well-established fact that countries like India need the backing support in its administrative set-up, the support that can very well be achieved by through the establishment of Ombudsman. Lokpal and Lokayuktas paved their way to the forefront as India’s Ombudsmen. But it has been conclusively settled that the various shortcomings of the administrative wing of the government have prevented the concrete establishment of Lokpal and Lokayuktas. Except for illuminating the minds of the readers with the its origin and development in India, this paper also explicitly explains the role and need of Lokpal and Lokayuktas. This paper aims to analyze the development of the concept of Ombudsman in other countries with respect to the various intricacies involved in its establishment as a concept and development as an institution. The purpose of this paper is to figure out whether there are any inadequacies in the current administrative system with respect to the establishment of Lokpal as a control mechanism and how can they be rectified for the purpose of successfully appointing Ombudsman. It also throws some light on the difference in the administrative wing of India and countries like US and UK. This paper not only critically analyses the trends that lead to the inefficiency of the current administrative order but it also interprets the solutions given by various jurists in this regard.

Keywords: Ombudsman, Administrative System, Lokpal and Lokayuktas, Inadequacies, Remedies.


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