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Article 323 and the Shift Towards Tribunalisation in India..



  Oct 30, 2023

Tribunalisation and Article 323 of the Indian Constitution



Introduction

"Tribunalisation" refers to the shift from traditional judicial procedures to specialized tribunals for resolving specific types of disputes.
Article 323 of the Indian Constitution provides the legislative framework for the establishment of administrative tribunals and plays a crucial role in the process of tribunalisation in India.

Article 323: An Overview

Article 323 is divided into two sections:

Article 323-A: Deals with Administrative Tribunals and allows Parliament to establish tribunals for public service matters.

Article 323-B: Empowers both Parliament and State Legislatures to set up tribunals for a variety of other subjects including taxation, land reforms, and foreign exchange.

Objectives and Benefits

The main objectives are:

Efficient Dispute Resolution: Specialized knowledge helps in quicker and more accurate decisions.

Reducing Judiciary Load: Helps in decongesting the regular court system.

Criticisms and Concerns

Critics argue that:

Lack of Independence: Tribunal members may lack the same level of independence as judges.

Dilution of Judicial Review: The structure can potentially limit the scope of judicial scrutiny.

Constitutional Balance

Tribunalisation has also raised questions about the balance of power between the judiciary and the executive, especially in terms of appointments and oversight as tribunals are controlled largely by the ministries.

Future Implications

As tribunalisation becomes more prevalent, it's important to ensure they align with the principles of justice, independence, and transparency.

Conclusion

Article 323 enables the tribunalisation process, aiming for efficiency and specialization. However, it is essential to address the concerns of judicial independence and fairness to make the system truly effective and just.


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