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Challenges To The Efficacy And Independence Of Indian Tribunals: The Urgent Need For A National Tribunals Commission




Arun Kishor M, LL.B., Government Law College, Coimbatore, Tamil Nadu - 641046


ABSTRACT


Tribunal Systems were introduced in India, primarily through the 42nd Amendment of the Constitution in 1976, as specialised quasi-judicial bodies to dispense justitia expedita efficaciously, to alleviate the enormous backlog of cases in the traditional courts. These Tribunals, have however become victims of the very issues of delay and inefficiency in solving cases. The modern-day Tribunals are also heavily dependent on the executive for their funding, functioning and administration, severely undermining their judicial independence, a flagrant violation of the doctrine of separation of powers, a part of the basic structure of the Constitution of India. This research paper advocates for the emergent establishment of a National Tribunals Commission, as directed by the judiciary in various cases, to ensure the uniformity, judicial independence, and efficiency in disposal of cases through Tribunals, and help fulfil their raison d'etre as an efficient and speedy Alternative Dispute Resolution mechanism.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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