Professional Documents
Culture Documents
-Mithelesh DK
BA0130038
Abstract
Welfare nature of government is the evolutionary goal of probably every kind of government
these days in this contemporary world. There has been a phenomenal increase in the functions of
the government, which has lent enormous powers to the executive and also led to increase in the
legislative output. This has led to more litigation, restrictions on the freedom of the
individuals and constant frictions between them and the authority. The development of
welfares led to an increase in governmental functions and the executive saw in this a need to
perform a number of quasi- legislative and quasi- judicial functions, thus blurring the traditional
positions of the various wings of the government under the doctrine of separation of powers,
under which the powers of the government were divided between the legislature, executive and
the judiciary which were to be entrusted with the power of making law, executing it and
interpreting the law respectively.
But now these welfare states changed radically and involve itself in the hosting of wide socio-
economic activities; for example: providing health services, education, industrial regulation and
other allied welfare measures. Now where there is these kind of activities; disputes are certain
and obvious. The issues which arose from disputes on such matters raised not only legal matters
but also matters which affect the society at large. The constitution and function of our court
system is very traditional as well as inefficient. The inherent procedural limitations made it
difficult for the courts to dispose these cases promptly thus leading to a huge backlog of cases in
all levels of the judiciary. Courts therefore became deluged with litigations arising directly and
incidentally from such increased governmental interventions. It was also felt in many quarters
that the members of the judiciary were neither adequately trained nor equipped to deal with the
complex socio-economic and technical matters at hand. Thus it was felt specialised adjudicatory
bodies such as tribunals needed to be created to resolve such disputes fairly and effectively.1
Research Plans
Methodology:
The researcher uses both analytical and descriptive methods in presenting the project.
Sources:
Only secondary sources of data are used.
Hypothesis:
Research Questions:
References:
Books Referred
Chakraverti, S., Administrative Law and Tribunals, 2nd edition, The Law Book Co. Ltd.:
Allahabad
Joshi, K. C., Legal Status of Tribunals, IBR, Vol. 25 (2), 1998
Jain,M.P., Principles of Administrative Law, Wadhwa & Company : Nagpur, 1996
Websites referred
www.lawyersclubindia.com
www.answers.com,as
www.etymonline.com,as
http://cgat.gov.in/act.htm