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Critical Analysis of the Role of Ombudsman: Special Reference to India

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Critical Analysis of the Role of Ombudsman: Special Reference to India
Critical Analysis of the Role of Ombudsman: Special Reference to India

INTRODUCTION

“It is not wisdom alone but public confidence in that wisdom which can support an administration” – Thomas Jefferson to James Monroe, 1824

This statement accentuates the eminence of public trust in a system as a test of its administrative efficiency.

Any good administrative system has to be responsible and responsive to the public. Unfortunately with the power bestowed on the bureaucrats it happens more than often that advertently or inadvertently they try to manipulate or deceive the common man. Arbitrary, unjust, unfair, improper and selfish exercise of power by public servants who enjoy power, results into advantage to one and disadvantage to another.

The State today has assumed the role of a facilitator, enabler and regulator. Hence chances of friction between the common man and the govt. have increased. Under such circumstances there are chances that individual justice against administrative faults may become negligent. Here comes into play the role of an Ombudsman.

Definition and Origin:
Ombudsman is derived from the Old Norse (Swedish) word, umbothsmathr; umboth meaning commission and mathr meaning man.
Peter Cane propounded that ‘Ombudsman’ “is an official, independent of the administration with power to investigate the citizen’s complaints of maladministration.”
The Merrium Webster Dictionary defines ‘ombudsman’ as a government official (as in Sweden or New Zealand) appointed to receive and investigate complaints made by individuals against abuses or capricious acts of public officials.
According to Wikipedia, an ombudsman is a person who acts as a trusted intermediary between an organization and some external constituency while representing the broad scope of constituent interests.
Usually appointed by the organization, but sometimes elected by the constituency, the ombudsman may, for example, investigate constituent complaints relating to the organization and


Bibliography: 3. M.P. Jain & S.N. Jain, Principles of Administrative Law, Wadhwa & Co. Nagpur, New Delhi, Fifth edition, 2007 4 13. Durga Hotel Complex v. Reserve Bank of India, (2007) 5 SCC 120 14 15. Corrie, Priyasha,Instilling Public Confidence in Administration: The Need for an Ombudsman-like Institution in India(May 11, 2008). Available at SSRN: http://ssrn.com/abstract=1131678 ----------------------- [5] M.P. Jain & S.N. Jain, Principles of Administrative Law, Wadhwa & Co. Nagpur, New Delhi, Fifth edition, 2007, p.905. [14] Durga Hotel Complex v. Reserve Bank of India, (2007) 5 SCC 120 [15] http://ifp.co.in/shownews.php?newsid=207
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