The tribunalisation of justice though considered to be an effective step is fraught with several challenges. Discuss in light of the Law Commission of India's report on the working of tribunals in India.
Main Body
42nd Amendment Act introduced Article 323 A and 323 B, paving way for establishment of tribunal system in India. Significance of tribunal in Justice Delivery System: - Faster disposed of cases - Inexpensive procedure - Flexibility based on natural justice principle - Recruitment of experts of domain - Sub motio cognisance
Challenges in effective functioning: 1) High tendency of cases - 44,000+ pending cases as per Law Commission Report, 2017 2) Vacancy of post - 40% of posts currently vacant in CAT 3) Overlapping jurisdiction and blend off with High Court 4) Against Article 50 - involves executive into judicial process 5) High cost of administration (Imphone commission) 6) To aide to serve purpose of faster decision making
Way forward: - National Tribunal Commission as per L. Chandra Case judgment - Faster & time bound disposal of case - Rejuvenating appointment process Government brought Tribunal Reforms Act, 2021 to solve the issue of Vacancy and retirement, move such structural reform to fast track tribunals are needed.
Conclusion
Government brought Tribunal Reforms Act, 2021 to solve the issue of Vacancy and retirement. Structural reform to fast track tribunals are needed.
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Pakshal
Separation of Powers and Dispute Redressal Mechanisms
Tribunals
Tribunals
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analytical
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