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‘Tribunalisation of courts opens vistas for interference of executive in judiciary’ Do you agree that tribunals go against separation of power doctrine? Give arguments. (250 words)
‘न्यायालयों का अधिकरणीकरण, न्यायपालिका में कार्यपालिका के हस्तक्षेप के लिए रास्ते खोलता है।’ क्या आप इस बात से सहमत हैं कि न्यायाधिकरण शक्ति के पृथक्करण सिद्धांत के विरुद्ध हैं? तर्क दें ।
What are tribunals?
Significance of tribunals.
Tribunals and separation of power
Various supreme court verdicts
Tribunals have been created under Indian Constitution (Article 323) as well as by an Act of Parliament to provide for cost-effective and speedy adjudication. National Green Tribunal, CAT, all appellate tribunals are examples.
1. They follow the principle of natural justice rather than civil procedure code.
2. They have expertise in the required domain which, in general, judiciary lacks. Therefore, the
adjudication process becomes faster and cost effective. Moreover, it will reduce the burden on the judiciary.
3. They have fixed timeline to dispose the cases. Thus, provide speedy justice. For example,
National Green Tribunal disposes case within 6 months.
4. The arbitration process provides rational and just solutions especially in the cases involving
specialization. e.g. National Company Law Tribunal.
Tribunals and separation of power (article 50 DPSP):
Under the Doctrine of Separation of Powers, the Judiciary is given the role of rule adjudication and functions independent of the executive and legislature. Since a tribunal is not a court of law it does not form part of judiciary. It is controlled and manned partly by the
Executive. Thus it goes against the principle of separation of powers and allows the Executive to perform limited rule adjudication functions. At times the executives have more representation in their constitution though they perform functions of judicial nature. This may hamper the basic tenets of delivering justice.
The Court in Chandra Kumar (1997) and NCLT (2010) suggested that the tribunals which were replacing the jurisdiction of the Courts should enjoy the same constitutional protections as them. This meant that when the jurisdiction is being transferred from a court to a tribunal, the members of this tribunal should hold a rank, status and capacity which is as close to those of the judges in a court as possible. The recent Supreme Court judgment which struck down the National Tax Tribunals (NTT) also clearly spelt out the parameters to test the constitutionality of tribunals.
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