Administrative Tribunal’s Act and 42nd Amendment of Constitution

  • Sudiksha Gupta
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  • Sudiksha Gupta

    Student at Symbiosis Law School, Noida, India

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Abstract

The preamble of the Constitution of India which is often attributed as an aspirational document which aspires India to be a Sovereign, Socialist, Secular, Democratic, Republic, which indeed are key elements of any welfare state. The concept of “Tribunalisation” is in favor of welfarism, established mainly for the purpose of reducing the burden of the traditional courts and to setup an independent forum, consisting of fairly experienced, knowledgeable technical persons mostly from executive background and members from legal background as well, in order to adjudge upon specific subject–matter. This concept was first introduced in our legal framework through 42nd amendment which inserted Article 323-A and 323-B which empowered the Parliament for setting up independent tribunals one such tribunal established by the Parliament was Central Administrative Tribunal,( hereinafter CAT) especially established for adjudicating service related matters under the Administrative Tribunal Act of 1985, ( hereinafter ATA,1985 ) , thereby creating an alternative for the High Courts and this issue of exclusion of the jurisdiction of traditional courts in the specified subject-matter turns into a great controversy as its constitutionality was questioned several times, not only of the Act, but that of certain provisions of the newly inserted articles as well . This research paper will try to analyze different phases of development in the concept of Tribunalisation in India with the help of various case-laws and in the end will propose some viable suggestions, addressing the limitations associated with the same.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 291 - 299

DOI: https://doij.org/10.10000/IJLMH.111918

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