Skip to main content

ADMINISTRATIVE TRIBUNALS

 ADMINISTRATIVE TRIBUNALS IN INDIA

BY NUPUR GARG 

INTRODUCTION 

In Administrative law, the term tribunal is used in a significant sense and refers to only the adjudicatory bodies which are outside the sphere of the ordinary court of law. Technically in India, the judicial powers are vested in the Courts which aim to safeguard the rights of the individuals and promote justice. Therefore, to institute an effective system of the judiciary with fewer complexities, the judicial powers are delegated to the administrative authorities, thus, giving rise to administrative tribunals or administrative adjudicatory bodies which holds quasi-judicial features.

The traditional theory of laissez faire has been given up and the old police state has now become a welfare state. This radical change in the philosophy of the role of the state expanded the functions of the state. Now the state is over burdened with sovereign functions, social security, social welfare, socio-economic activities and so on. It is not possible for the ordinary courts of law to entertain all socio-economic problems which are not related to purely legal issues.

CHARACTERISTICS OF ADMINISTRATIVE TRIBUNALS

The following are the few attributes of the administrative tribunals which make them quite disparate from the ordinary courts:

  1. Administrative tribunals must have statutory origin i.e. they must be created by any statute.

  2. They must have some features of the ordinary courts but not all.

  3. An administrative tribunal performs the quasi-judicial and judicial functions and is bound to act judicially in every circumstance.

  4. They are not adhered by strict rules of evidence and procedure.

  5. Administrative tribunals are independent and not subject to any administrative interference in the discharge of judicial or quasi-judicial functions.

  6. In the procedural matters, an administrative tribunal possesses the powers of a court to summon witnesses, to administer oaths and to compel the production of documents, etc.

  7. These tribunals are bound to abide by the principle of natural justice.

  8. A fair, open and impartial act is the indispensable requisite of the administrative tribunals.

  9. The prerogative writs of certiorari and prohibition are available against the decisions of administrative tribunals.

NEED OF TRIBUNAL

  1. To overcome the situation that arose due to the pendency of cases in various Courts, domestic tribunals and other Tribunals have been established under different Statutes, hereinafter referred to as the Tribunals.

  2. The Tribunals were set up to reduce the workload of courts, to expedite decisions and to provide a forum which would be manned by lawyers and experts in the areas falling under the jurisdiction of the Tribunal.

  3. The tribunals perform an important and specialized role in justice mechanism. They take a load off the already overburdened courts. They hear disputes related to the environment, armed forces, tax and administrative issues.

CONCLUSION 

It can be concluded that in the present scenario, the administration has become an important part of the government as well as the citizen’s life. Due to this increasing role, it is important to establish a competent authority for the redressal of people’s grievances and adjudication of the disputes. Therefore, the concept of administrative tribunals was emerged and is dynamically flourishing in India holding certain flaws and strengths.


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti