TRIBUNALISATON OF JUSTICE IN INDIA ISSUES AND CHALLENGES

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ABOUT THE BOOK

Tribunal is a forum consisting of experts from judicial and administrative areas that are independent of the administration to decide cases impartially arising between the administration to decide cases impartially arising between the administration and citizen. Article 323-A and 323-B were inserted into the Constitution of India by the 42nd Amendment Act, 1976 to establish tribunals in India. In the Constitution of India, the word 'tribunal' is used in Article 227 and 136. There is no specific definition of tribunal given anywhere in the constitution of India. A number of tribunals have been set up after Independence in India but unfortunately, they are struggling with many difficulties, for example, vacancies in a number of central tribunals, lack of nodal agency to administer tribunals, loopholes in the Selection Committees for the appointment of members in tribunals, functioning of tribunals under the various different ministries and departments, lack of uniform retirement age, tenure, the composition of the members of tribunals, and loopholes in the reappointment provisions of central tribunals, etc. Although the tribunals were created to reduce the pendency rate in judicial courts and to provide a speedy remedy in special cases that required domain knowledge, in practice, the purpose has not been achieved fully. The Book looks into the above problems which central tribunals are still facing and to provide suggestions and recommendation, which if accepted, will improve the functioning of central tribunals in India.

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