Ombudsman in india

2. INTRODUCTION An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency and represents not only but mostly the broad scope of constituent interests. 3. Cntd.. An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens. 4. Cntd An Ombudsman Is usually appointed by the organization, but sometimes elected by the constituency. may, for example, investigate constituent complaints relating to the organization and attempt to resolve them, usually through recommendations or mediation. may sometimes identify organizational roadblocks running counter to constituent interests. 5. Cntd.. In some jurisdictions an ombudsman charged with the handling of concerns about national government is more formally referred to as the " Parliamentary Commissioner " (e.g., the United Kingdom Parliamentary Commissioner for Administration, and the Western Australian state Ombudsman). In many countries where the ombudsman's remit extends beyond dealing with alleged maladministration to promoting and protecting human rights, the ombudsman is recognized as the national human rights institution . 6. OMBUDSMAN IN INDIA The Government of India has designated several ombudsmen for the redress of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations. The Ombudsman in India are sometimes refereed to as Chief Vigilance Officer or CVO. The CVC ( Central Vigilance Commission ) was set up on the recommendation of the Santhanam Committee (196264). 7. LOKPAL & LOKAYUKTA In India, the Ombudsman is more commonly known as the Lokpal or Lokayukta . An Administrative Reforms Commission (ARC) was set up on 5 January 1966 under the Chairmanship of Shri Morarji Desai. It recommended a two-tier machinery: Lokpal at the Centre (parliamentary commissioner, as in New Zealand) and one Lokayukta each at the State level for redress of people's grievances. 8. Cntd.. However, the jurisdiction of the Lokpal did not extend to the judiciary (as in New Zealand). The central Government introduced the first Lokpal Bill, Lokpal and Lokayuktas Bill in 1968, and further legislation was introduced in 2005, but has so far not been enacted. 9. LOKAYUKTA The state-level Lokayukta institution has developed gradually. Maharashtra was the first to establish the institution, in 1972. Orissa was the first state to present a bill on establishment of Lokayukta in 1970. 10. Cntd Other states followed: Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988), Delhi (1995), Punjab (1996), Kerala (1998), Chattishgarh (2002), Uttaranchal (2002), West Bengal (2003) and Haryana (2004). 11. Status of LOKAYUKTA in India The structure of the Lokayukta is not uniform across all the states. Some states have UpaLokayukta under the Lokayukta and in some states, the Lokayukta does not have suo moto powers of instigating an enquiry.

12. Cntd.. Kerala State has an Ombudsman for Local Self Government institutions like Panchayats, Municipalities and Corporations. He or she can enquire/investigate into allegations of action, inaction, corruption and maladministration. A retired Judge of the High Court is appointed by the Governor for a term of three years, under the Kerala Panchayat Raj Act. In the State of Rajasthan, the Lokayukta institution was established in 1973 after the Rajasthan Lokayukta and UpLokayuktas Act, 1973 was passed by the State Legislature. 13. Ombudsman in various sectors Electrictiy Ombudsman Insurance ombudsman Banking ombudsman Income tax ombudsman Anti corruption ombudsman 14. CONCLUSION The 2011 Indian anti-corruption movement led by social activist Anna Hazare includes in its demands the creation of a stronger ombudsman agency (with jurisdiction over all state institutions) through the enactment of a Jan Lokpal Bill , as an alternative to the Lokpal Bill proposed by the government in 2010.

An ombudsman or public advocate is usually appointed by the government or by parliament, but with a significant degree of independence, who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or violation of rights. In some countries an Inspector General, Citizen Advocate or other official may have duties similar to those of a national ombudsman, and may also be appointed by the legislature. Below the national level an ombudsman may be appointed by a state, local or municipal government, and unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier or a newspaper, for an G!, or for a professional regulatory body. "hether appointed by the legislature, the e#ecutive, or an organization $or, less fre%uently, elected by the constituency that he or she serves&, the typical duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations $binding or not& or mediation. !mbudsmen sometimes also aim to identify systemic issues leading to poor service or breaches of people's rights. At the national level, most ombudsmen have a wide mandate to deal with the entire public sector, and sometimes also elements of the private sector $for e#ample, contracted service providers&. In some cases, there is a more restricted mandate, for e#ample with particular sectors of society. (ore recent developments have included the creation of specialized Children's !mbudsman and Information Commissioner agencies. In some )urisdictions an ombudsman is charged with the handling of concerns about national government is more formally referred to as the *+arliamentary Commissioner* $e.g. the,nited -ingdom +arliamentary Commissioner for Administration, and the "estern Australian state !mbudsman&. In many countries where the ombudsman's remit e#tends beyond dealing with alleged maladministration to promoting and protecting human rights, the ombudsman is recognized as the national human rights institution. .he post of ombudsman had by the end of the /0th century been instituted by most governments and by some intergovernmental organizations such as the 1uropean ,nion. (aking a complaint to an ombudsman is usually free of charge.

India2edit3
.he Government of India has designated several ombudsmen $sometimes called Chief 4igilance !fficer $C4!&& for the redress of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations. 2563 .he C4C $Central 4igilance Commission& was set up on the recommendation of the 7anthanam Committee $895/:5;&.

Lokpal2edit3
Main article: Lokpal In India, the !mbudsman is known as the <okpal or <okayukta. An Administrative =eforms Commission $A=C& was set up on > ?anuary 8955 under the Chairmanship of 7hri (orar)i @esai. It recommended a twoAtier machineryB <okpal at the Centre $parliamentary commissioner, as in ew Cealand& and one <okayukta each at the 7tate level for redress of people's grievances. Dowever, the )urisdiction of the <okpal did not e#tend to the )udiciary $as in case of ew Cealand&. .he central Government introduced the first <okpal Bill, <okpal and <okayuktas Bill in 895E, and further legislation was introduced in /00>. Final bill, after all the amendments, has been passed in =a)ya 7abha on 8G @ecember /086 and passed in <oksabha on 8E @ecember /086. 25;3

Lokayukta2edit3
Main article: Lokayukta .he stateAlevel <okayukta institution has developed gradually. !rissa was the first state to present a bill on establishment of <okayukta in 89G0, but (aharashtra was the first to establish the institution, in 89G/. !ther states followedB Bihar $89G;&, ,ttar +radesh $89GG&, (adhya +radesh $89E8&, Andhra +radesh $89E6&, Dimachal +radesh $89E6&, -arnataka $89E;&, Assam $89E5&, Gu)arat $89EE&, @elhi $899>&, +un)ab $8995&, -erala $899E&, Chhattishgarh $/00/&, ,ttaranchal $/00/&, "est Bengal $/006& and Daryana $/00;&. .he structure of the <okayukta is not uniform across all the states. 7ome states have ,pa<okayukta under the <okayukta and in some states, the <okayukta does not have suo moto powers of instigating an en%uiry. -erala 7tate has an !mbudsman for <ocal 7elf Government institutions like +anchayats, (unicipalities and Corporations.25>3 De can en%uireHinvestigate into allegations of action, inaction, corruption and maladministration. A retired ?udge of the Digh Court is appointed by the Governor for a term of three years, under the -erala +anchayat =a) Act. In the 7tate of =a)asthan, the <okayukta institution was established in 89G6 after the =a)asthan <okayukta and ,pA<okayuktas Act, 89G6 was passed by the 7tate <egislature.

Anti-corruption movements2edit3
See also: 2011 Indian anti-corruption movement and 2012 Indian anti-corruption movement .he /088 Indian antiAcorruption movement led by social activist Anna Dazare includes in its demands the creation of a stronger ombudsman agency $with )urisdiction over all state institutions& through the enactment of a ?an <okpal Bill, as an alternative to the <okpal Bill proposed by the government in /080.

@elegated legislation
In Administrative <aw, Delegated legislation is law made by an e#ecutive authority under powers given to them by primary legislation in order to implement and administer the re%uirements of that primary legislation. It is law made by a person or body other than the legislature but with the legislature's authority. Generally, delegation of legislation is necessary because the law can by an e#pert or a local body which has a better understanding, knowledge and e#pertise than the <egislature. It is also known as 'secondary legislation' or 'subordinate legislation'. It is now firmly established that 1#cessive delegation is unconstitutional.

Classification of Delegated legislation

@elegated legislation can be classified on the basis of the nature of the power conferred on administrative authorities. Appointment @ay ClauseB 1mpowers e#ecutive authority to determine the day for the commencement of the Act 7keleton <egislationB <egislature enacts the skeleton and administration has to provide the flesh through subordinate legislation +ower of inclusion and e#clusionB Application of the Act can be e#panded or restricted by making additions or deletions in the schedule through delegated legislation +ower of e#tension and application of e#isting lawsB 7ome statute confers powers on the Government to adopt and apply laws e#isting in other states with incidental changes to a new 7tate. +ower of suspensionB +ower delegated to the Government to suspend or to make e#emption from all or any of the provisions of the Act +ower of modificationB +ower on the e#ecutive to modify the statute itself. @elhi <aws Act caseB +ower of modification should not be used in such a manner so as to change the essential policy of the Act in %uestion

+ower to remove difficultiesB

icknamed *Denry 4III Clause*, power to modify a statute may be

conferred on the Government by a removal of difficulties clause. .he -ing is regarded popularly as the impersonation of e#ecutive autocracy. +ower to prescribe punishmentB In ,7, the penalty for violation of rules can be fi#ed by the legislature and not by the authority. Dowever, in 1ngland, the power to impose penalty has been delegated in some statute. +ower to impose ta# Conditional <egislation

=ead moreB httpBHHwww.lawnotes.inH@elegatedIlegislationJi#zz/tfm8="ha