Tribunalisation Of Justice: Comparative Study Of India And France
- IJLLR Journal
- Nov 30, 2025
- 1 min read
Sabhyta, LLM, Christ University, Lavasa Campus, Pune, India
ABSTRACT
This article presents a comparative study of the tribunalisation of justice in France and India, examining the historical, constitutional, and doctrinal backgrounds of special tribunals in both countries. The civil law tradition and Roman dichotomy of the divide between the law of public and that of the private led to an institutionally distinct administrative judiciary dominated by the Conseil d’Etat, which carves the lines of professional independence, procedural innovation, and institutional independence, as well as the everyday court system. A common law constitutional tradition later inheriting similar truths, India statutorily adopted tribunalisation as a response to judicial backlog and administrative incomprehensiveness, especially following the 42nd Constitutional Amendment of 1976. Some of the important dimensions of tribunalisation that are discussed in the research include: how wide these discretions of judicial review should be, institutional independence, executive pressure, and the tribunal and the higher constitutional court. Comparing the internally integrated and structurally insulated European system (France) and the constitutionally entrenched yet judicially monitored system (India), the study shows the opposite paths of tribunal justice: the first pursues administrative freedom of the judicial system within the rules of civil law, and the second one of constitutionalism, procedural fairness, and the basic structure doctrine. The article asserts that a tightening of doctrinal protection, tribunal independence, and a balance between creativity and constitutional constraint of introducing legislation in the legislature are fundamental to the future relevance and usage of tribunalisation in the two types of legal systems.
Keywords: Tribunalisation, France, India, Administrative tribunals, Judicial review, Constitutionalism
