Guidelines of Grievances
- Judiciary is an independent organ of the State under the Constitution of India. Government of India does not interfere in the functioning of the Judiciary.
- The administrative/ disciplinary control over the members of subordinate judiciary in the States vests with the concerned High Court and the respective State Government. The State Government frames Rules and Regulation in consultation with the respective High Courts.
- Central Government neither maintains records related to any court proceedings/ decisions / judgments nor does it have and can have a mechanism to monitor the action taken on them.
No administrative action can be taken on a grievance; subject matter of which is subjudice.
- Government cannot ask a Court of Law to expedite proceedings of any particular case. Therefore, no action can be taken by the Government where the petitioner is aggrieved of the fact that there has been inordinate delay in disposal of the case.
- A judicial order can be challenged only before appropriate Court of Law as per prescribed legal procedure. Therefore, it is a futile exercise to file a grievance against a judicial order/judgement.
- A grievance regarding a complaint against a Judge can be taken up for inquiry by the concerned High Court or Supreme Court as per in-house procedure adopted by them. There is no role of Government in disposal of such grievances.
- Detailed guidelines on grievances received in the Department of Justice are available on this Department’s website doj.gov.in. As per guidelines issued by the Supreme Court of India, grievances against Judicial Officers are required to be sent on sworn affidavit with verifiable facts to the Registrar General of the concerned High Court.
- Petitions, applications and other documents to be filed before a Court of Law should not be forwarded alongwith grievances as these are to be presented in person or by a duly authorised agent or by an advocate on record duly appointed for the purpose.
- As Judiciary is independent and Government does not interfere in the functioning of the Judiciary, no further follow-up or correspondence is made by the Government after forwarding of grievance to the concerned High Court or Supreme Court, as the case may be.
- As the citizens can lodge their grievances online on pgportal no action is being taken on the grievances received through e-mail. pgportal.gov.in has been specifically created for lodging of grievances by the citizens.
- Once final reply is given on a grievance, it should not be repeated again.