Analysis
“ADMINISTRATIVE TRIBUNALS OF INDIA”
A Study in the light of decided cases
Abhishek Kumar Jha
National University of Study and Research in Law, Ranchi
INTRODUCTION
Welfare nature of government is the evolutionary goal of probably every kind of government these days in this contemporary world. There has been a phenomenal increase in the functions of the government, which has lent enormous powers to the executive and also led to increase in the legislative output. This has led to more litigation, restrictions on the freedom of the individuals and constant frictions between them and the authority. The development of welfarism led to an increase in governmental functions and the executive saw in this a need to perform a number of quasi- legislative and quasi- judicial functions, thus blurring the traditional positions of the various wings of the government under the doctrine of separation of powers, under which the powers of the government were divided between the legislature, executive and the judiciary which were to be entrusted with the power of making law, executing it and interpreting the law respectively. But now these welfare states changed radically and involve itself in the hosting of wide socio-economic activities; for example: providing health services, education , industrial regulation and other allied welfare measures. Now where there is these kind of activities; disputes are certain and obvious. The issues which arose from disputes on such matters raised not only legal matters but also matters which affect the society at large. The constitution and function of our court system is very traditional as well as inefficient. The inherent procedural limitations made it difficult for the courts to dispose these cases promptly thus leading to a huge backlog of cases in all levels of the judiciary. Courts therefore became deluged with litigations arising directly and incidentally from such increased governmental interventions. It was also felt in many
A Study in the light of decided cases
Abhishek Kumar Jha
National University of Study and Research in Law, Ranchi
INTRODUCTION
Welfare nature of government is the evolutionary goal of probably every kind of government these days in this contemporary world. There has been a phenomenal increase in the functions of the government, which has lent enormous powers to the executive and also led to increase in the legislative output. This has led to more litigation, restrictions on the freedom of the individuals and constant frictions between them and the authority. The development of welfarism led to an increase in governmental functions and the executive saw in this a need to perform a number of quasi- legislative and quasi- judicial functions, thus blurring the traditional positions of the various wings of the government under the doctrine of separation of powers, under which the powers of the government were divided between the legislature, executive and the judiciary which were to be entrusted with the power of making law, executing it and interpreting the law respectively. But now these welfare states changed radically and involve itself in the hosting of wide socio-economic activities; for example: providing health services, education , industrial regulation and other allied welfare measures. Now where there is these kind of activities; disputes are certain and obvious. The issues which arose from disputes on such matters raised not only legal matters but also matters which affect the society at large. The constitution and function of our court system is very traditional as well as inefficient. The inherent procedural limitations made it difficult for the courts to dispose these cases promptly thus leading to a huge backlog of cases in all levels of the judiciary. Courts therefore became deluged with litigations arising directly and incidentally from such increased governmental interventions. It was also felt in many