Monday 22 July 2019

CONSTITUTIONAL LAW-II



ADMINISTRATIVE TRIBUNALS UNDER INDIAN CONSTITUTION:
AN OVERVIEW

Chapter I: Reasons for growth of Administrative Tribunals and their Characteristics Reasons for growth of Administrative Tribunals:
According to Dicey’s theory of rule of law, the ordinary law of the land must be administered by ordinary law courts. He was opposed to the establishment of administrative tribunals. According to the classical theory and the doctrine of separation of powers, the function of deciding disputes between the parties belonged to ordinary courts of law. But, as can be seen over the period of time, the governmental functions have increased and ordinary courts of law are not in a position to meet the situation and solve the complex problems arising in the changed socio- economic context.
Administrative tribunals are established for the following reasons:
1)      The traditional judicial system proved inadequate to decide and settle all the disputes requiring resolution. It was slow, costly, inexpert, complex and formalistic. It was already overburdened, and it was not possible to expect speedy disposal of even very important matters: e.g. disputes between employers and employees, lockouts, strikes, etc. These burning problems cannot be solved merely by literally interpreting the provisions of any statute, but require the consideration of various other factors and this cannot be accomplished by the courts of law. Therefore, industrial tribunals and labour courts were established, which possessed the technique and expertise to handle these complex problems.
2)       The administrative authorities can avoid technicalities. They take a functional rather than a theoretical and legalistic approach. The traditional judiciary is conservative, rigid and technical. It is not possible for the courts of law to decide the cases without formality and technicality. On the other hand, administrative tribunals are not bound by the rules of evidence and procedure and they can take a practical view of the matter to decide the complex problems.
3)       Administrative authorities can take preventive measures, for example, licensing, ratefixing, etc. Unlike regular courts of law, they have not to wait for parties to come before them with disputes. In many cases, these preventive actions may prove to be more effective and useful than punishing a person after he has committed a breach of any legal provision.
4)      Administrative authorities can take effective steps for enforcement of the aforesaid preventive measures, e.g. suspension, revocation or cancellation of licences, destruction of contaminated articles, etc. which are not generally available through the ordinary courts of law.
5)       In ordinary courts of law, the decisions are given after hearing the parties and on the basis of evidence on record. This procedure is not appropriate in deciding matters by the administrative authorities where wide discretion is conferred on them and the decisions may be given on the basis of the departmental policy and other relevant factors.
6)       Sometimes, the disputed questions are technical in nature and the traditional judiciary cannot be expected to appreciate and decide them. On the other hand, administrative authorities are usually manned by experts who can deal with and solve these problems, e.g. problems relating to atomic energy, gas, electricity, etc.

7)      In short, as Robson says, administrative tribunals do their work ‘more rapidly, more cheaply, more effectively than ordinary courts… possess greater technical knowledge and fewer prejudices against Government… give greater heed to the social interests involved… decide disputes with conscious effort at furthering social policy embodied in the legislation’.
By 
K. jagadeesh 


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