Ombudsman And Corruption

Rounak Mahajan, Symbiosis Law School, Noida

INTRODUCTION

In India, the notion of a body like the Ombudsman, which is colloquially known as Lokpal is characterised by its independence of the Legislature, the Executive and the Judiciary. To the uninitiated, the Ombudsman embodies impartiality and fairness, patiently listening to grievances and championing justice, irrespective of affiliations. Its role encompasses examining and addressing complaints against entities ranging from businesses to government bodies and officials. The Ombudsman was established to ensure unbiased decision-making.

While safeguarding private individuals against public authorities and officials, the Ombudsman also filters out baseless and malicious complaints aimed at falsely accusing authorities. Unfortunately, corruption has tainted India's global reputation, with the country ranking poorly in corruption-related metrics. Numerous cases spotlight corruption allegations against public officials, fostering bribery scandals and tarnishing transparency. In response to this, India enacted The Lokpal and Lokayuktas Act of 2013, a product of the anti-corruption movement led by Anna Hazare and civil society representatives. This legislation was a remedy for the lack of an impartial system and a sluggish judiciary, addressing the surge in corruption cases. It empowers the Lokpal, akin to an Ombudsman, to investigate corruption allegations, even against high-ranking officials, including the Prime Minister, federal officials, and parliament members, thus effectively combatting corruption.

This act also grants the Ombudsman the authority to supersede investigative agencies like the Central Bureau of Investigation (CBI). For this purpose, Pinaki Chandra Ghose was appointed as India's inaugural Lokpal, tasked with overseeing anti-corruption efforts. Despite the lodgement of complaints, concerns persist about mismanagement, biases, corruption, and procedural delays. Similar challenges and solutions are witnessed globally, with countries like the USA and the UK implementing anti-bribery measures and cross-border laws to address the rising instances of corruption.