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Tribunal System In India- GS 2 Lesson-1 Presented By ROMAN SAINI
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IN THIS LESSON Tribunal System In India Introduction History Of Tribunal System
Tribunal System In India .The term 'Tribunal' is derived from the word 'Tribunes', which means 'Magistrates of the Classical Roman Republic' Tribunal is referred to as the office of the 'Tribunes, i.e., a Roman official under the monarchy and the republic with the function of protecting the common citizen from arbitrary action by the magistrates. . A Tribunal, generally, is any person or institution having an authority to judge, adjudicate on, or to determine claims or disputes - whether or not it is called a tribunal in its title. .'Tribunal' is an administrative body established for the purpose of discharging quasi-judicial duties
Tribunal System In India An Administrative Tribunal is neither a Court nor an executive body. It stands somewhere midway between a Court and an administrative body. . The exigencies of the situation proclaiming the enforcement of new rights in the wake of escalating State activities and furtherance of the demands of justice have led to the establishment of Tribunals . The delay in justice administration, is one of the biggest obstacles which have been tackled with the establishment of Tribunal . .Therefore, the Administrative Tribunals have been established to overcome the major lacuna present in the Justice delivery system.
Tribunal System In India The delay in disposal of cases relating to civil matters is significantly increasing arrears, and the courts seem helpless in this matter. . 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. Tribunals And Domestic Tribunals A 'tribunal' in the legal perspective is different from a domestic tribunal. . .The 'domestic tribunal' refers to the administrative agencies designed to regulate the professional conduct and to enforce discipline among the members by exercising investigatory and adjudicatory powers.
Tribunal System In India Whereas, Tribunals are the quasi-judicial bodies established to adjudicate disputes related to specified matters which exercise the jurisdiction according to the Statute establishing thenm Similarly, Ombudsman looks into the complaints of grievances suffered by the citizen at the hands of some organ of the administration. . .The increase in number of statutory Tribunals mirrors the rise in State activities. Because the legislation has progressively bestowed benefits on individuals and subjected their everyday lives to propagating control and management, the scope for dispute between an individual and the State has emerged
Tribunal System In India .Tribunals are cheaper (cost effective) than Courts but their constitution and functions are different from the Courts. .However, a Tribunal is more suited than a Court to undertake the task after considering all relevant issues of law, fact, policy and discretion. .The Tribunals have the power to adjudicate over a wide range of subjects that impact everyday life. Tribunals function as an effective mechanism to ameliorate the burden of the judiciary .The law Courts with their elaborate procedures, legalistic fronts and attitudes were deemed incapable of rendering speedy and affordable justice to the parties concerned
Tribunal System In India Particularly in technical cases, it was felt that the nature of the statutes required adjudicatory forums comprising of persons having expert knowledge of the working of these laws . .The Tribunals emerged not with the sole promise of speedy, effective, decentralised dispensation of justice but also the expertise and knowledge in specialised areas that was felt to be lacking in the judges of traditional Courts. The Tribunal has to exercise its powers in a judicious manner by observing the principles of natural justice or in accordance with the statutory provisions under which the Tribunal is established
Tribunal System In India History Of Tribunal System In India In India, the function of dispensing justice is entrusted to regularly established Courts on the pattern of Common law system. . . History of tribunals in India stands reflected dating back to the year 1941, when first Tribunal was established in the form of Income-Tax Appellate Tribunal. The Tribunals were however, 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 .The Law Commission of India in its 14th Report (1958) recommended the establishment of an appellate Tribunal or Tribunals at the Centre and in the States.
Tribunal System In India .The main objective of establishing Tribunals as set out in the Statement of Objects and Reasons of The Constitution (Forty-Second Amendment) Act, 1976 is as under: 'To reduce the mounting arrears in High Courts and to secure the speedy disposal of service matters, revenue matters and certain other matters of special importance in the context of the socio-economic development and progress, it is considered expedient to provide for administrative and other tribunals for dealing with such matters while preserving the jurisdiction of the Supreme Court in regard to such matters under article 136 of the Constitution.