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.
Labels:

Comments

Post a Comment

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...
Post a Comment
Read more

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...
Post a Comment
Read more