The Rise And Fall Of Administrative Tribunals: Administrative Tribunals As An Antithesis To The....

The Rise And Fall Of Administrative Tribunals: Administrative Tribunals As An Antithesis To The Doctrine Of Separation Of Powers






Antara Kalambi, Symbiosis Law School, Hyderabad (2015-2020 Batch)


Abstract


“Power tends to corrupt and absolute power corrupts absolutely”


This essay aims to analyse the administrative tribunals vis-à-vis the doctrine of separation of powers as enshrined in the Constitution of India. The Supreme Court of India has through a series of judgements pronounced that separation of powers forms a part of the basic structure of the Constitution. Separation of powers in a State considers the idea that governmental functions must be based on a tripartite division of legislature, executive and judiciary. In simple words, the three branches of any democratic government should be separate, distinct and sovereign in its own sphere with the aim that one does not trespass the territory of another.


This essay explores the changes in the status of Administrative Tribunals through the doctrine of basic structure enshrined in the Constitution while also relying on landmark judgements that helped do so. Administrative Tribunals were primarily evolved to help ease the burden off courts and establish a system of speedy justice when it came to service matters related to government officials.

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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