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Monday, April 11, 2011

Lokpal--THE OMBUDSMAN MODEL

The concept of Lokpal is based on the Scandinavian institution of ombudsman. 'Ombudsman' is a Swedish word that means "an officer appointed by the legislature to handle complaints against administrative and judicial action". The office was created first in Sweden in 1809 and later adopted by other Scandinavian countries that saw it as "a bulwark of democratic government against the tyranny of officialdom".

The ombudsman can take suo moto cognizance of public grievances and either launch an investigation himself or hire a private agency for the purpose. In Sweden and Finland, the ombudsman has the power to prosecute erring public servants but in Denmark he can only order prosecution.

In all these countries, the power of prosecution is rarely used. The ombudsman relies more on the publicity attached to its office and the negative impact of an investigation on the career of an official. In Sweden and Finland, the ombudsman can also supervise the courts.

The UK has a similar institution, but with slightly different powers. Here, the ombudsman is known as the Parliamentary Commissioner and can only receive complaints through members of Parliament. He cannot start an investigation on his own.

Hong Kong has registered spectacular results in the fight against corruption. When corruption in the police force peaked in the 1970s, the government set up an Independent Commission Against Corruption and gave it full powers to investigate and punish the guilty. It sacked 119 of the 180 police officers in one go, sending a strong message to the rest of the force and other government functionaries.

Several Asian countries including South Korea have since created similar anti-corruption mechanisms.(Source: TOI,The Crest Edition,April 9, 2011)

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