Report No. 100

3.7. States having Lokayuktas.-

We are aware that in some of the States in India Lokayuktas have been already appointed under enactments passed by the State Legislature. Our recommendation for the appointment of a Litigation Ombudsman is not intended to apply to such States. In general, cases of maladministration would be taken care of by the Lokayuktas so appointed. Of course, the Lokayukta is often viewed as a functionary primarily concerned with corruption, but the office can be easily moulded to look into cases of the nature that are to be assigned to the Litigation Ombudsman as proposed by us.

In fact, the concept of Ombudsman, as evolved in Western countries, is wide enough to cover maladministration in all its species. If necessary the States concerned can amend the relevant State enactment for the purpose. The creation of a separate office of Litigation Ombudsman in such States, functioning side by side with the local Lokayukta, might create some overlapping in practice and some confusion to the citizen. It is in order to avoid such overlapping and confusion, that we would, at least for the present, exclude such States from the ambit of our recommendation relating to Litigation Ombudsman.