International Journal of Law
International Journal of Law
ISSN: 2455-2194, RJIF 5.12
www.lawjournals.org
Volume 3; Issue 3; May 2017; Page No. 27-30
A descriptive study on ombudsman
Kanupriya Grewal
Ph.D. Law, Panjab University, Chandigarh, Punjab and Haryana, India
Abstract
The term ombudsman by the name itself suggests that this institution exists in the form of “grievance representative” or “entrusted
person”. International Bar Association Ombudsman Committee stated Ombudsman as “An Office provided for by the constitution
or by action of the Legislature or Parliament and headed by an independent high-level public official, who is responsible to the
Legislature or Parliament” Within the last century, the Swedish state in 1809, appointed an official known as the
“Justitie” ombudsman to investigate upon peoples grievances and report back to Parliament. This idea was taken up and applies in
some other parts of Scandinavia, in Finland in 1917 and in Denmark in the year 1954. In this paper we discuss the Ombudsman and
its meaning along with the concept of ombudsman in different countries.
Keywords: ombudsman, grievance representative, parliament
1. Introduction 2. Concept of Ombudsman
The concept of Ombudsman in accenting the modern era In a democratic set up, the welfare and satisfaction of people is
concerning the theory of Ombudsman, one deals with, by of paramount consideration, but looking at the present scenario,
referring solely, models in India and China from as much back the cries of the people go unheard and they become the victims
as 3000 B.C.The term ombudsman suggests that one thing of administrative vicious decisions or injustice and left un-
within the nature of “grievance representative” or “entrusted redressed. The main problem before the administrative system,
person” therefore, is how to provide the citizen with an alternative
The foundation of doing this was to give the normal national institution with in the democratic framework which enjoys the
some sort of redress and hearing to the ordinary citizen in a confidence of the people and provides for better redressal
very easy, cheap and direct way once when purportedly dole mechanism. An urgent need for a watchdog over the
out with adversely by the activities of an outsized and remote government is necessary; the concept of ombudsman is the
govt. bureaucracy. solution to the problem of maladministration and corruption.
Prof. Donald Rowat, formed for the International Ombudsman The idea of such an institution which can look into the
Institute in the year 1997 a paper called “A Worldwide Study complaints of the citizens and redress their grievances emerged
of Ombudsman”.[1] In that paper he used the term “original due to widespread corruption and mal administration in various
classical ombudsman system” in explaining ombudsman government departments and due to the political instability of
characteristics: the country. Further, due to population explosion, the functions
First, in order to safeguard its perpetuity, neutrality and of the government are expanding day by day which in turn
freedom from the administrative organization being leads to the expansion of the discretion of the officials/
complained against; it is set up by a country’s constitution or bureaucrats of these departments. With the advent of modern
by a law or by-law of the legislative body. era, enhancement of governmental/ administrative functions
has led to the growth of delegated legislation and due to the
Second, it accepts and inquire grievances from the public
widening concept of delegated legislation, the problem of
against any portion of the entire administration at the level of
maladministration and corruption has reached its zenith and
government concerned, however in many systems it can also
needs to be regulated by a complaint handling mechanism/
initiate inquiries of suspected maladministration on its own statutory control mechanism called ombudsman; which means
initiative; a person/ representative of people/ commissioner who can
It is to be discovered that the concept of ombudsman has handle complaints/ grievances against these government
grown quickly, effectually since the 1960s—the present range departments and other public bodies with full vigour and
of nations ombudsman global being in over a hundred provide for their speedy disposal.
ninety operational offices in seventy two nations. In addition, The need for this important institution is much more
the notion is one in all the few that has streamed from the pronounced in the under developed countries of Asia. The
public sector to the non-public or private sector, there being institution of ombudsman or the parliamentary commissioner is
industrial sector ombudsman in many nations. Lastly what is gaining increasing recognition as a powerful instrument for
referred to as the ombudsman sort of fact-finding and redressing the citizen’s complaints arising from the callousness
recommendatory approach has been used by variety of of the administrative machinery or the transgression by it of the
different connected agencies like the police grievances individual’s rights. The institution is also useful in focusing
authorities and the human rights commissions. attention on the improvement of administrative procedure
27
International Journal of Law
through continuous criticism of the working of the bureaucratic establishment, which is independent, impartial and
system as revealed in the inquiries instituted by the economically viable in terms of seeking help on corrupt
ombudsman on the citizen’s complaints or even suomoto. practices. Hence, it has inspired confidence in public. After
Sweden, many Scandinavian countries followed by the
3. Meaning of Ombudsman European, African, Australian countries adopted the concept. It
Etymologically the Swedish word ‘ombud’ refers to a person is observed that the countries those are implementing
who acts as a spokesman or representative of another person. Ombudsman properly are less corrupt and most peaceful,
In Swedish public law, however, Ombudsman means an whereas, the countries those are not having it or not
appointee of the Parliament of Sweden for the supervision of implementing it properly are most corrupt and very un-
the administration. It is in the Swedish sense the word peaceful.
ombudsman has been commonly used. Ombudsman is from
Sweden, a Germanic language in the same family as English, 4.2 The Ombudsman in the United Kingdom
and man in Swedish corresponds to our word man. Public Accounts Committee and the Comptroller and Auditor-
Ombud means "commissioner, agent," coming from Old General and their relationship with each other are even greater
Norse umbodh, "charge, commission, administration by a than this unique contribution to the checking of
delegacy," umbodh being made up of um, "regarding," and maladministration. For it has been substantially on this model
bodh, "command." In Old Norse an umbodhsmadhr was a that, when it was finally decided in Britain that an experiment
"trusty manager, commissionary." In Sweden, an ombudsman should be made with some further machinery for the redress of
was a deputy who looked after the interests and legal affairs of grievances, the office of Parliamentary Commissioner for
a group such as a trade union or business. In 1809 the office Administration was established in 1967. From the outset of the
of riksdagens justitie ombudsman was created to act as an campaign to improve remedies for maladministration, the
agent of justice, that is, to see after the interests of justice in analogy of the Comptroller and Auditor-General was used.
affairs between the government and its citizens. Recently, Professor F. H. Lawson, in a short memorandum published in
however, an effort has been made to standardize the meaning Public Law in 1957, a memorandum which was to prove most
of the term Ombudsman. influential in initiating action as it turned out proposed that an
Inspector-General of Administration should be appointed to
4. Origin of Ombudsman investigate complaints of maladministration, that he should
The institution of Ombudsman owes its origin from Sweden, have the same status and tenure as the Comptroller and
however, its traces may be found in ancient history. In this Auditor-General, and that like him he should report to a select
regard, Dr. Pickle, Director General of the Austrian committee of the House of Commons similar to the Public
Ombudsman’s Office has made the following observation in Accounts Committee. He contemplated that the person
his renowned paper “The Ombudsman and Administrative appointed would, " like the Comptroller and Auditor General,
Reforms.” [2] almost inevitably be a higher civil servant nearing the end of
“Institution to investigate complaints can only be seen in the his career," and as such, " he would, while preserving
context of public administration; hence the history of impartiality and independence, not only have experience of
ombudsman is also the history of public administration as a administration, but be able to speak to officials and
whole. It can be traced from the verses of the Koran; where the departments as one of themselves."
term ‘administration’ is not used, but in many of its verses the
principles of political and administrative system are 4.3 The Danish Ombudsman
expounded. Justice was considered as one of the basic tenet of The Danish Parliamentary Ombudsman is a law graduate and is
Islamic Ideology.” elected by the Danish Parliament, the Folketing, to investigate
As Sweden has constitutional monarchy form of government complaints about the public administration.
where the king exercises almost all important governmental Unlike the Swedish Ombudsman, the Danish office of
decisions with the approval of his cabinet but no longer Parliamentary Commissioner is of very recent origin. In 1953,
exercises political power over its people. Article 96 of the as a part of a general constitutional revision, the Danish
Swedish Constitution lays down that ombudsman acts as a Constitution was amended to include a section reading: "Legal
representative of the Parliament and should supervise the provision shall be made for the appointment by Parliament of
observance of the laws and status as they may be applied by the one or two persons who shall not be members of Parliament to
court and by public officials and employees. The justitie supervise the civil and military administration of the State."
ombudsman is in reality entirely not only independent of the On June 11, 1954, the King gave his assent to the
government but also of the Parliament itself; but made Parliamentary Ombudsman Act,'[4] and on March 29, 1955,
dependent only on law. Parliament appointed Stephan Hurwitz, an eminent professor of
Ombudsman in comparative and International perspective in criminal law, as its first Ombudsman. Professor Hurwitz has
different countries are given below: continued in the position since its creation.
While the Danish institution lacks the antiquity of its Swedish
4.1 The Swedish Ombudsman or even its Finnish counterpart, it has received much more
Ombudsman is a household word in Sweden. A Swedish word- attention in the English-speaking world than did its
Ombud means “Commissioner or Agent”. It is derivate from predecessors. [5] One writer has suggested that since Denmark,
the Old Norse Umbodh means to charge a Commission. In Old like the common-law democracies, but unlike Sweden, had no
Norse, Umbodhsmadhr was a deputy who looked after the tradition of free inspection of the public records, the Danish
interests and legal affairs of a group of such a trade union or experience might be more instructive to persons concerned
business. [3] Swedish Ombudsman is a world classic
28
International Journal of Law
with the development of legal institutions in England and commands the confidence of Parliament, he may be dismissed
America. at any time and another elected to his position.' [6]
The debates preceding the creation of the office of
Ombudsman in Denmark show that the new office was 4.3.4 Relation to the Parliament
designed to pursue two objectives in particular. The Ombudsman is by law the mandatory of Parliament and
First, the Ombudsman was to act on behalf of Parliament in exercises his control over the government services on behalf of
relation to the administrative agencies, strengthening the that body. Parliament may not order the Ombudsman to
control traditionally exercised by the supreme elective body consider a case or to drop a case under consideration, nor can it
and its individual members over the ministers and their dictate the outcome of any investigation by him. Parliament's
officials. Such strengthening was considered necessary because sole influence, beyond the power of appointment and dismissal,
of the growing power and increasing complexity of the is its ability to set general regulations concerning the
administrative process. Apparently the Ombudsman was Ombudsman's functions.'
expected to perform this function through two kinds of activity:
he was to oversee the exercise of the wide quasi-legislative 4.3.5 Qualifications
powers which had been delegated to the Danish government The Ombudsman may not be a member of Parliament and must
services during the preceding generation and to propose be a graduate in law. [7] He is paid according to the salary scale
amendments to existing legislation in order to promote law and for judges of the Supreme Court and may be granted an
order and to improve the civil service. additional allowance. "
Second, the Ombudsman was to be a safeguard of law and
order for the individual, a sort of appellate institution for 4.3.6 Staff
citizens who come into conflict with the administrative The Ombudsman engages his own staff. During the past six
agencies. In the words of the parliamentary spokesman of the years, he has been able to manage with a very small group of
Labor Party, the Ombudsman was meant to be "the protector of assistants; currently his staffs is comprised of one deputy chief,
the man in the street against injustices, against arbitrariness, one senior staff officer, three junior staff officers-all members
and against the abuse of power" ' on the part of the executive. of the legal profession-and the necessary clerical employees.
4.3.1 Administrative Appeal 4.3.7 Comparison to Sweden
It is a general principle of Danish law, which applies in the The scope of authority of the Danish Ombudsman differs
absence of any express provisions that an appeal may be taken substantially from that of the Swedish archetype. As a result of
to a higher authority from any administrative decision. The a theory of the independence of the courts, court personnel
ultimate level of appeal is, as a rule, the competent minister. In have been entirely excluded from the concern of the Danish
the last few decades, however, special agencies of appeal have Ombudsman," [8] while in Sweden, control over certain court
been set up within several branches of the administration; these functions plays quite an important part in the office. On the
agencies, which are much like the administrative tribunals of other hand, the authority of the Danish Ombudsman does
British law in organization and legal status, are more or less extend to the ministers, whose activities are beyond the
independent of the minister. This general opportunity for competence of his Swedish counterpart. [9] This difference is
administrative appeal is cheap (more often than not it is due to the fact that the Danish government, like most systems
entirely free of charge, legal assistance being rarely required) of central administration on the European continent, but unlike
and normally speedy; it has the additional advantage that, in the Swedish one, has developed in as many hierarchical
principle, the responsibility for providing the evidence pyramids as there are ministers.
necessary to decide the appeal rests on the public authority.
4.4 The Ombudsman of Norway
4.3.2 Judicial Review Norway is the tiniest Scandinavian nation that has effectively
The ordinary courts of law also exercise judicial review of implemented the ombudsman institute. After the Second World
administrative action under Danish, as under Anglo-American War, Norway wanted machinery for administrative growth. By
law. Any citizen having standing to sue may bring an action the Storting’s (Parliament in Norway) resolution the
against the government, asking that an administrative decision ombudsman was shaped for objectors on November 23, in the
be annulled or modified and, alternatively or in addition, that year 1956. [10] Ombudsman in Norway was shaped to safeguard
damages be awarded. Moreover, by declining to follow the the interests of the peoples from the administration. The
demand of a public agency, the citizen may compel the agency Norwegian ombudsman makes the public administration to
to institute enforcement proceedings. However, the power of follow up its laws and regulations.
Danish courts to review administrative decisions is not Norways parliamentary ombudsman for civil administration-its
unlimited. Judicial review is qualified not only by a number of Stortingets Ombudsmann-came into being at the beginning of
statutes providing that particular administrative decisions shall 1963.The accomplishments of so youthful an institution- as yet
be unreviewable but also by limitations similar to those neither fully tested nor, indeed finally shaped-cannot be
imposed on the administrative courts of other continental appraised confidently. The Norwegian method of handling
countries. citizens disagreements with public administrators may
nevertheless be described, and an attempt at preliminary
4.3.3 The ombudsman and his work evaluation may be useful while the pre-ombudsman past is still
The Ombudsman is elected by Parliament after every general fresh.
election and may be re-elected indefinitely. If he no longer
29
International Journal of Law
5. Conclusion
In this work we conclude that the work of the ombudsman, is
to ensure that public administration in state or country follows
laws and regulations and to advise companies and the general
public regarding the rules and norms of our democratic society
must be considered as an extension of the judicial system itself.
6. References
1. 28 Canadian Journal of Economic and Political Science. 4,
253.
2. Quick dissolving tablets. http://www.thefreedictionary.
com/ombudsman 11May, 2015.
3. Quick dissolving tablets. http://www.policy.hu/bokhari/
ombud-intro.html 25 June, 2015.
4. Quick dissolving tablets. http://www.Law.Ualberta.com 2
July 2015.
5. Act No. 203 of June 11, 1954, Om Folketingets
Ombudsmand, The Parliamentary Commissioner for Civil
and Military Government Administration. 1961.
6. Davis. Ombudsman in Anmerica: Officers To Criticize
Administrative Action, 109 Upal. Rev. 1961; 4(6):1057-
1058.
7. The Danish Ombudsman Act § 1 of 12 June 1996.
8. The Danish Ombudsman Act § 2 of 12 June 1996.
9. The Danish Ombudsman Act § 4 of 12 June 1996.
10. Quick dissolving tablets. http://www.ombudsman.govt.nz/
laying.htm 2 September, 2015.
30
