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Are tribunals a cure-all for judicial efficiency? Does tribunalisation of justice weaken the principles set in our constitution? Examine.

Topic: Tribunals

3. Are tribunals a cure-all for judicial efficiency? Does tribunalisation of justice weaken the principles set in our constitution? Examine. (250 words)

Reference:  Indian polity by Lakshmikant

Why the question:

The question is based on the concept of Tribunals and there contribution in justice delivery.

Key Demand of the question:

Explain the contributions of tribunal in justice delivery and the challenges associated with them.

Directive:

Examine – When asked to ‘Examine’, we must look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction:

Briefly mention the concept of tribunals.

Body:

To start with, the original constitution did not contain provisions with respect to tribunals. However, the 42nd amendment Act, 1976 added a new part XIV A to the constitution. The Administrative tribunals are formed under the Article 323A of the Indian Constitution. However, tribunals for other matters are formed under the Article 323B of the Indian Constitution.

 Then discuss whether tribunals promote judicial efficiency. Present both sides of the argument.

 Later, analyze as to how tribunalisation of justice undermine ideas/principles set out in our constitution.

Conclusion:

Conclude that despite such challenges, tribunals are an excellent instrument of speedy dispute resolution and have become agents of good governance. In the interest of better justice delivery, the institutions like tribunals cannot be dispensed with altogether.