Ombudsman

Objectives:

The The main main objec objecti tive ve of this this resear research ch pape paperr is to analy analyse se what what the the orga organi nizat zatio ion n of an ‘Ombudsman’ is, to look into its working, what it does not do, types of ombudsman and their  functioning in order to understand it better. Thus the main objectives of this project are !. #. $. &. ). *. . -.

To analys analysee who who an ombuds ombudsman man is" To dete determin rminee their their roles roles and and functio functions" ns" %hat %hat they they do not not do" do" 'ualifi 'ualificati cations ons re(u re(uired ired by by an omb ombuds udsman man %hat %hat types types of of cases cases do do they they look look into" into" +ow to compla complain in to to an ombuds ombudsman man"" Type Typess and and omb ombud udsm sman an"" %orking %orking of different different types of ombudsman ombudsman..

Hypothesis:

This research paper primarily answers the (uestions relating to an Ombudsman, whether they are efficiently working and as to how effective they are. t answers how the various types of  ombudsman addresses the different issues which are brought before it.

Limitations:

This project e/tends to the working of the ombudsman, their roles and functions, who can be an ombudsman. t also deals with the different types of ombudsman and the working of each of them. This paper limits to the general term ‘ombudsman’ and the general classification of  ombudsman and their workings, role and functions. t does not deal with any specific country nor does it deal with the 0okpal and 0okayukta which are set up in ndia. Thus this project only lays down the generalities of an ombudsman.

Analysis:

Ombudsman |1

Ombudsman is a grievance cell to which the people can relate the problems they have in relation to any administrative issues or administrative officials. The origin of ombudsman can  be traced back to the early days. The present notion of ombudsman is derived from the old  1orse word meaning ‘representative’. The first ombudsman was established in 2weden and now they can be seen in all parts of the world. Ombudsman is an adjudicating body which deals with all kinds of administrative issues. t has certain features of a droit administratif. t’s a grievance redressal forum and acts like a court but it is certainly not a court. t looks into issues and takes decisions without being  prejudiced. This is faster and cheaper and more effective than an ordinary court and thus in the recent times various kinds of ombudsman has been set up in order to address specific issues.

Review of Literature:

The e/isting literature on this research work mainly revolves around the published works of  foreign as well as ndian authors pertaining to the subject matter, well decided cases cited in the journal, 3merican cases and case cited from other countries, and the articles published in the website.

Ombudsman |2

CHAPTER :

!ntro"uction:

The Ombudsman type of machinery has been found to be useful for redressing the grievances of citizen. t contains some of the (ualities of droit administratif. The Ombudsman is an officer of 4arliament who investigates complaints from citizens, against government departments, that they have been unfairly dealt with and if he finds that the complaint is  justified, helps to obtain a remedy. +e has usually a high status5 that of a judge of the highest court and can investigate act involving corruption and mal5 administration by government officials, sometimes including ministers. The Ombudsman system is highly fle/ible. This is demonstrated by its successful adaptation in four 2candinavian countries, which have significant governmental and legal difference, and in 1ew 6ealand and the 7nited 8ingdom, which have an entirely different constitutional system. The Ombudsman of each country has  been designed to suit the local needs and conditions. +ence there are differences in them with respect to jurisdiction as well as functions. 9or e/ample, the 2wedish and 9innish Ombudsmen have jurisdiction over the judiciary. The Ombudsman in 1ew 6ealand, :enmark  and 1orway has no authority over the judiciary. The 2wedish Ombudsman has no jurisdiction over the ministers. +is function is generally to supervise how judges, government officials and other civil servants observe the laws and to prosecute those who have acted illegally or  neglected their duties. The :anish Ombudsman has authority over the ministers as well as the  judges. The 1orwegian Ombudsman has authority to scrutinize the acts of ministers, which they perform as heads of a ;inistry. The 9innish Ombudsman not only has jurisdiction over  the