Judicial Ombudsman for Subordinate Judiciary in India

AuthorKamleshwar Nath
Published date01 July 2011
Date01 July 2011
DOIhttp://doi.org/10.1177/0019556120110312
Subject MatterArticle
JUDICIAL
OMBUDSMAN
FOR
SUBORDINATE
JUDICIARY
IN
INDIA
KAMLESHWAR NATH
Administration
of
justice is under sharp and critical gaze
of
people
today
because
of
ever-increasing
number
of
court cases and the inordinate delays in their resolution. A
perfect picture
of
people's disillusionment and unrest with
the system emerges when corruption also comes into play
with the delays. Brunt
of
the heaviest burden
of
dispensation
is borne by subordinate courts. A careful balance between
judiciary
's
accountability
towards
people
and
its
independence needs to be ensured. It can be provided by
appointment
of
judicial ombudsman
for
various levels. The
very existence
of
the ombudsman's office can instill a sense
of
caution among the subordinate judiciary and promote
better performance both on the judicial and administrative
side.
INTRODUCTION
THE ALL pervading corruption in India has been receiving anxious
attention
of
the people and various NGOs throughout the country. After
all, the Constitution
of
India was given by the people unto themselves
for good governance1, and transparency and accountability to the people
in all fields
of
governance is an established hallmark
of
the Constitution.
2
Legislation to put in place an effective machinery to investigate and
inquire into corruption in high places (called Lokpal), was attempted by
Government
of
Ind
ia
eight
times since recommendation
of
First
Administrative Reforms in 1968 but never enacted. The weakest version
of
Lokpal is the 9th Lokpal Bill
of
2010; it does not empower Lokpal
even
to
take cognizance
of
any complaint against a sitting
MP,
much
1
Preamble
of
Constitution
of
India.
1
Daulatmal Jain's case, (1997) 1 SCC 35.

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