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| Paper Title: | TRIBUNALS AND ITS FUNCTIONING WITH REGARD TO RULE OF LAW: A COMPARATIVE STUDY BETWEEN INDIA AND UNITED KINGDOM |
| Authors Name: | UTSA SARKAR , MOHAMMAD SALEEM |
| Unique Id: | IJSDR2211124 |
| Published In: | Volume 7 Issue 11, November-2022 |
| Abstract: | In an administrative age, the functions of government have increased considerably. Administration is the government's primary wing that the people nowadays need in all fields of life. To fulfill such increased administrative functions, the judiciary has also been reposed with increased judicial functions. So, Tribunals have emerged as a new wing of judiciary to combat the increased judicial functions, keeping up in line with the rule of law doctrine. However, since the inception of the tribunals it has been a controversial issue. The Tribunals have been called quasi-judicial body as it possesses some and not all powers of the Court. As was held in Associated Cement Co. Ltd v P.N. Sharma , it is a body that neither is a judicial body nor an administrative body exclusively, but lies between the two. There had been a catena of cases regarding judicial independence and judicial review of the country-the two-tier rule of law doctrine in India. The new rules of 2020, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020, cannot dilute the fundamental issue of judicial independence in the realm of tribunalisation in the country. There has been still a lot of executive dominance over tribunals' functioning, which hampers them from working independently. In light of this situation, the Madras Bar Association has also challenged Tribunals' position and their independence in the country. On the contrary, the position of U.K with the introduction of The Tribunals Courts and Enforcement Act, 2007 position has now been settled in the sense that it could have maintained the sanctity of judicial independence of the Tribunals while deciding the cases in a much speedy manner. The U.K law replaced a disjointed collection of Tribunals and brought them under the umbrella of a single judicial structure. Such a system has contributed to a significant development in amalgamating the whole judicial structure under a roof by maintaining the rule of law. Thus paper, seeks to analyse the position of tribunals in India and U.K and how far they have been successful in upholding the rule of law. A comparative analysis has been sought in the paper between India and U.K to look into whether U.K model of Tribunal justice administration can be use in India for successful functioning of the same. |
| Keywords: | Tribunal, Rule of Law, Quasi-Judicial, Judicial review, administration |
| Cite Article: | "TRIBUNALS AND ITS FUNCTIONING WITH REGARD TO RULE OF LAW: A COMPARATIVE STUDY BETWEEN INDIA AND UNITED KINGDOM", International Journal of Science & Engineering Development Research (www.ijsdr.org), ISSN:2455-2631, Vol.7, Issue 11, page no.865 - 870, November-2022, Available :http://www.ijsdr.org/papers/IJSDR2211124.pdf |
| Downloads: | 000337071 |
| Publication Details: | Published Paper ID: IJSDR2211124 Registration ID:202652 Published In: Volume 7 Issue 11, November-2022 DOI (Digital Object Identifier): Page No: 865 - 870 Publisher: IJSDR | www.ijsdr.org ISSN Number: 2455-2631 |
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