Question

Advantages and disadvantages of administrative tribunals in india

Answer 1

Technically speaking, judicial power/function is the primary function of courts. As mentioned somewhere else, the FDRE Constitution expressly vested judicial power, both at the Federal and State levels in courts. This goes in line with the principle of separation of state powers. However, it does not necessarily imply that only regular courts shall exercise judicial power. There are possibilities where judicial power may be delegated to other bodies falling outside the structure of ordinary courts. As can be inferred from the wordings of Articles 37(1) and 80(4 & 5) of the Constitution, such possibilities are not prohibited. Having said this, let us discuss the arguments developed concerning the advantages and disadvantages of delegating judicial power to administrative agencies

To begin with the advantages, judicial power is usually delegated to administrative agencies/tribunals with the purpose to provide cheap, accessible, informal, speedy and specialized justice. Concerning the paramount advantages of administrative adjudication over adjudication by ordinary courts, Philps, Jackson and Leopold: p886

…They (administrative tribunals) could offer speeder, cheaper and more accessible justice, essential for the administration of welfare schemes involving large number of small claims…. The process of courts of law is elaborate, slow and costly…it (court process) is to provide the highest standard of justice; generally speaking, the public wants the best possible article and is prepared to pay for it…. In administering social justice…the objective is not the best article at any price but the best article that is consistent with the efficient administration. Disputes must be disposed of quickly and cheaply for the benefit of the public purse as well as for that of the claimant. [Philips, Jackson and Leopold: p 886]

Answer 2

The administrative tribunals are an important part of the judicial system in India to take care of conflicts and disputes. The system is simple and flexible  and at the same time it has complexities and is very slow

Explanation:

Advantages

• The administrative tribunals have simple methods and procedures which is easily understandable for anyone.
• The systems of administrative tribunals are more flexible than what is there of the Indian judicial system
• The disputes are settled in a fast pace in these tribunals and they are cheaper

Disadvantage

• The judgement passed by the tribunals are at times not in accordance with the legislation
• The procedures and functioning of these tribunals are taken care by normal administrators and not qualified judges
• The tribunals follow their own laws and procedures and they have no systematic methods in their process like the courts

To know more about administrative tribunals

What are the different types of administrative tribunal

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