Essay on Plea for Setting up a Judicial Ombudsman !
More recently, it has been suggested to evolve a system of Judicial Ombudsman on the Sweedish model with independence of judiciary. The reason being, that the High Courts in India are already over-burdened with work therefore, they can hardly exercise any effective control over the subordinate courts.
That apart, in order to ensure accountability of the judicial system to the people of India as contemplated by the Preamble to the Constitution, some independent authority outside the judicial system such as Judicial Ombudsman is deemed necessary. The Judicial Ombudsman may be assigned the functions of monitoring administration of justice including the work of judicial officers, prosecutors, police, and jailors, without however, interfering with the independence of judiciary.
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It may also probe into the conduct of Judges and staff dealing with the administration of justice. It may reprimand the Judges for misconduct or misbehaviour. The Judicial Ombudsman may make recommendations on its findings in its annual report to the Parliament or the Legislature.
Indeed, the Judicial Ombudsman can certainly play a crucial role in eradication of procedural maladministration in court proceedings. As an organ of the Government, judiciary is no less accountable to people as the legislature and the executive are. It is therefore, necessary that judiciary conducts it’s fairly, speedily and efficiently.
Ombudsman should be conferred jurisdiction to receive complaints, investigate, and make recommendations regarding administrative conduct of judges and local courts. These investigations being recommendatory, would not diminish the independence of the judiciary in any way nor would they interfere in the functioning of the judicial institutions.