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Ombudsman (Lokpal) in India & Lokayukta in State of U.P.

The Ombudsman, also known as the Lokpal, is an independent body established in India to investigate complaints against public servants and public institutions. The Lokpal is a statutory body, created through the Lokpal and Lokayuktas Act, 2013, with the mandate to investigate complaints of corruption, abuse of power, and other forms of maladministration by public servants and public institutions.

The Lokpal is composed of a chairperson and up to eight members, who are appointed by the President of India, on the recommendation of a selection committee. The selection committee includes the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, and a prominent jurist.

The Lokpal has the power to investigate complaints, hold inquiries, and make recommendations for disciplinary action against public servants and public institutions. The Lokpal also has the power to grant interim relief to the aggrieved parties, and to refer cases to other agencies for further action, if necessary.

In addition to its powers of investigation, the Lokpal also has the power to make recommendations for legislative and administrative reforms, aimed at improving the efficiency and accountability of public servants and public institutions. The Lokpal is also empowered to make suo moto investigations, based on its own initiative or information received from any other source.

The Lokayukta in the State of Uttar Pradesh is similar to the Lokpal, with the main difference being that it is a state-level body, rather than a national body. The Lokayukta in Uttar Pradesh is established under the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975, with the mandate to investigate complaints of corruption, abuse of power, and other forms of maladministration by public servants and public institutions in the state.

The Lokayukta in Uttar Pradesh is composed of a chairperson and up to four members, who are appointed by the Governor of the state, on the recommendation of a selection committee. The selection committee includes the Chief Minister, the Speaker of the Legislative Assembly, the Leader of the Opposition in the Legislative Assembly, and a prominent jurist.

The Lokayukta in Uttar Pradesh has the power to investigate complaints, hold inquiries, and make recommendations for disciplinary action against public servants and public institutions. The Lokayukta also has the power to grant interim relief to the aggrieved parties, and to refer cases to other agencies for further action, if necessary.

In addition to its powers of investigation, the Lokayukta in Uttar Pradesh also has the power to make recommendations for legislative and administrative reforms, aimed at improving the efficiency and accountability of public servants and public institutions. The Lokayukta is also empowered to make suo moto investigations, based on its own initiative or information received from any other source.

The Ombudsman and Lokayukta play a crucial role in promoting transparency and accountability in the functioning of public servants and public institutions. They provide an effective mechanism for addressing complaints of corruption, abuse of power, and other forms of maladministration, and help to ensure that the rights and interests of citizens are protected.

However, despite their important role, the functioning of the Ombudsman and Lokayukta has been subject to criticism in some quarters. There have been instances of delays in the resolution of complaints, and a lack of independence and impartiality in the functioning of these bodies. There have also been concerns about the limited powers of the Ombudsman and Lokayukta, and their inability to enforce their recommendations and decisions.

In conclusion, the Ombudsman and Lokayukta play a crucial role in promoting transparency and accountability in the functioning of public servants and public institutions. Despite their limitations, it is important to continue to work towards strengthening these bodies, to enhance their effectiveness and improve their ability to deliver justice to citizens. This can be achieved by ensuring their independence and impartiality, increasing their powers, and improving the processes and procedures for resolving complaints.

The Ombudsman and Lokayukta must be equipped with adequate resources and manpower, to ensure that they are able to carry out their functions effectively. There should also be regular evaluations of their performance, to assess their effectiveness and identify areas for improvement.

In India, there have been several landmark judgements regarding the Ombudsman and Lokayukta. Some of the notable judgements include:

  1. Vineet Narain v. Union of India (1997): This case dealt with the concept of ‘citizen’s right to information’ and the role of the Central Vigilance Commission as an Ombudsman. The Supreme Court held that the CVC was a statutory body and had the power to receive complaints and take action against corrupt public servants.
  2. Upendra v. State of Uttar Pradesh (2003): This case dealt with the appointment and removal of the Lokayukta in the state of Uttar Pradesh. The Supreme Court held that the appointment of the Lokayukta was a constitutional requirement and could not be hindered by the government.
  3. Prakash Singh v. Union of India (2006): This case dealt with the independence and functioning of the police force in India. The Supreme Court held that the police should be insulated from political and executive interference, and that there should be a system of accountability in place, such as a State Security Commission and a Police Complaints Authority.
  4. Union of India v. Namit Sharma (2011): This case dealt with the independence and functioning of the Central Vigilance Commission. The Supreme Court held that the CVC was an independent body, and that the government had no control over its functions and decisions.

These landmark judgements have played a significant role in strengthening the powers and independence of the Ombudsman and Lokayukta, and in promoting transparency and accountability in the functioning of public servants and public institutions. They have helped to ensure that the rights and interests of citizens are protected, and that justice is delivered in a fair and impartial manner.

Ultimately, the success of the Ombudsman and Lokayukta in promoting transparency and accountability in the functioning of public servants and public institutions will depend on the support and commitment of all stakeholders, including the government, the public servants, and the citizens. By working together, we can ensure that these bodies are able to deliver justice and promote good governance, in the best interests of all citizens.

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