The Role of Ombudsman Institutions in Administrative Justice

Abstract

The introduction of the Ombudsman as one of the key pillars of administrative justice has also been central in ensuring accountability and fairness in the modern governance systems. The enactment of Wafaqi Mohtasib (Ombudsman) by the President through the Presidential Order No. 1 of 1983 was one of the significant milestones in the protection of the rights of the citizens against maladministration. Based on the postulates of equal justice, openness and redressing complaints, the institution of the Ombudsmen aims at filling the gap between the state and the people it represents. The paper will provide a survey of how the Ombudsman institutions have evolved, the law and the dynamics of the Ombudsman in Pakistan with regard to its constitutional legitimacy, jurisdiction and practical effectiveness of addressing the issue of administrative abuse coupled with the issues of political influence, lack of enforcement capacity and duplication of the role with other accountability organs. The analysis places the experience of Pakistan in the international trends of administrative justice with the help of the lessons learnt by the developed models in Scandinavia and the Commonwealth. Finally, the paper insists that, despite the impressive achievements of the Pakistan Ombudsman in redressing grievances, additional institutional changes and autonomy are essential in bringing out the best in the office in terms of administrative fairness and good governance.

Keywords: Ombudsman, Administrative Justice, Wafaqi Mohtasib, Maladministration, Good Governance, Pakistan.