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Report No. 100

3.5. Resort to Ombudsman not compulsory.-

We should, at this stage, repeat that it is not our intention that there should be any sort of legal compulsion against a citizen (who wishes to sue the Government) to make an application to the proposed Litigation Ombudsman, as a pre-requisite to the initiation of legal proceedings against the Government. The object of the recommendation is only to provide to the citizen a forum from which he may, if so advised, first seek relief. There should be nothing mandatory in the scheme, for the citizen.

As for the Government, it will be able to have, within its apparatus, a functionary who may be expected to furnish prompt, competent and honest advice on matters likely, to lead to litigation. If carried out in its proper spirit, and not in a pedantic and bureaucratic manner, the recommendation would, we hope, advance the cause of substantive justice, improve the image of the Government and, to some extent, reduce congestion in the courts.



Litigation by and against the Government - Some Recommendations for Reform Back




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