Admin Tribunal
TRIBUNALS – Discuss the factor leading to the growth of administrative tribunals and state what are the advantages of administrative tribunals as compared to the system of ordinary courts.
In pursuance of administrative law, there can arise disputes. These disputes require adjudication. There are administrative agencies other than courts to adjudicate such issues arising in the course of day to day administration. It is more familiar called as administrative tribunals. An administrative tribunal is a body set up by legislation to adjudicate upon disputes in a specific area and which enjoys a degree of autonomy. Such tribunals seem to constitute the best mechanism to settle disputes outside the court system because they enjoy some element of separation and independence from the administration and come very near the model of a court. The factors leading to the growth of administrative tribunals are basically similar with the growth of subsidiary legislation. Among the factors are :
1) Administrative tribunal, rendering justice, is a by-product of the Welfare state.
In the 18th and 19th centuries when laissez faire theory held sway, the law courts emerged as the custodians of the rights and liberties of the individual citizens. With the emergence of Welfare state, conditions of employment, manner of living and elementary necessities of people has give rise the need for a technique of adjudication better fitted to respond to the social requirements of the time than the elaborate and costly system of decision making provided by the courts of law. In brief, ‘judicialisation of administration’ proved a potential instrument for enforcing social policy and legislation.
2) Expansion in the functions and responsibilities of the administration.
Administration undertakes multifarious socio-economic activities. To finance these activities, the tax base is being expanded and many disputes between the tax-payers and the tax assessors arise as regards tax liability.
In pursuance of administrative law, there can arise disputes. These disputes require adjudication. There are administrative agencies other than courts to adjudicate such issues arising in the course of day to day administration. It is more familiar called as administrative tribunals. An administrative tribunal is a body set up by legislation to adjudicate upon disputes in a specific area and which enjoys a degree of autonomy. Such tribunals seem to constitute the best mechanism to settle disputes outside the court system because they enjoy some element of separation and independence from the administration and come very near the model of a court. The factors leading to the growth of administrative tribunals are basically similar with the growth of subsidiary legislation. Among the factors are :
1) Administrative tribunal, rendering justice, is a by-product of the Welfare state.
In the 18th and 19th centuries when laissez faire theory held sway, the law courts emerged as the custodians of the rights and liberties of the individual citizens. With the emergence of Welfare state, conditions of employment, manner of living and elementary necessities of people has give rise the need for a technique of adjudication better fitted to respond to the social requirements of the time than the elaborate and costly system of decision making provided by the courts of law. In brief, ‘judicialisation of administration’ proved a potential instrument for enforcing social policy and legislation.
2) Expansion in the functions and responsibilities of the administration.
Administration undertakes multifarious socio-economic activities. To finance these activities, the tax base is being expanded and many disputes between the tax-payers and the tax assessors arise as regards tax liability.