Report No. 100

3.6. Approach to be adopted by the litigation Ombudsman and its likely beneficial impact on court congestion.-

Although the majority of matters which will reach the Litigation Ombudsman-or, at least, a large number of them-may be expected to raise justiciable issues, some of them might raise matters which border on impropriety, rather than constitute an illegality for which relief can be claimed in the courts1

In some cases, citizens, or groups of citizens, approach the higher courts for ventilation of their grievances even though the justiciability of the issue is doubtful. Such approach to courts is perhaps regarded as unavoidable because the citizens consider it to be the only effective way of expressing their feelings in a formal and public manner before an institution where the matter is bound to receive some hearing, even if ultimately that institution may not be able to look into the grievance. According to our recommendation, such type of cases will be outside the province of the Litigation Ombudsman as proposed. Of course, such other administrative machinery as the Government may consider proper can still be constituted, wherever necessary.

1. See also para. 3.2, supra.