Sukriti Agrawal, LL.M, Chanakya National Law University, Patna
“Legislation and Adjudication must follow and conform to, the progress of the society” - Abraham Lincoln
ABSTRACT
Today, in respect of over all functions relating to ministerial and others, the executive perform many quasi-legislative and quasi-judicial functions as well. Governmental functions have increased and even though according to the traditional theory, the function of adjudication of disputes is the exclusive jurisdiction of the ordinary courts of law, in reality, many judicial functions have come to be performed by the executive, e.g., imposition of fine, levy of penalty, confiscation of goods,etc.
The traditional view of 'laissez faire' has now been given up and that old ‘Police State’ has now become a ‘Welfare State’, and because of this radical change in the philosophy as to the role to be played by the State, its functions have increased. Today it exercises not only sovereign functions, but, as a progressive democratic State, it also seeks to ensure social security and social welfare for the common masses. It regulates the industrial relations, exercises control over production, and starts many enterprises. The issues arising there from are not purely legal issues. It is not possible for the ordinary courts of law to deal with all these socio- economic problems.
Keywords: Parliament, administrative adjudication, tribunal
