A Constitutional Appraisal of Tribunalisation of Justice in India: Elucidating the tools of justice delivery in the legal system and tracing the constitutional rationality through the judicial attitude of tribunalisation of justice.

Best Citation – Rozena Correia, A Constitutional Appraisal of Tribunalisation of Justice in India: Elucidating the tools of justice delivery in the legal system and tracing the constitutional rationality through the judicial attitude of tribunalisation of justice, 3 IJLR 72, 2022.

Abstract

The article predominantly focuses on India’s tryst with the tribunalisation of justice. The connotation of Courts and Tribunals with their pros and cons as tools in the legal system is underlined in the paper. The paper examines the concept and context of ‘tribunal’ functioning in India. The twin objectives of evolution and progression are emphasized, which led to the swift development and proliferation of Administrative tribunals of varied categories. It also speaks about establishing the tribunal as an alternative mechanism and parallel to the traditional court system. The tribunals as quasi-judicial bodies are highlighted with greater detail by assessing the underpinnings in terms of significance and scope. By taking a restrictive and liberal approach, the article demonstrates the judicial attitude towards tribunalisation of justice and the position of the constitutional courts on the rationality and validity of the establishment of tribunals in India.

Keywords: Constitutional Appraisal, tribunalisation of justice, quasi-judicial, constitutional courts, judicial attitude