Public Administration Mains 2017 : Model Question and Answer - 7

Public Administration Mains 2017 : Model Question and Answer

(Public Administration Paper I / Chapter: Administrative Law)

Question : Administrative Tribunals have often been described as 'Organized Lawlessness'. Comment (15 Marks/250 words)

Model Answer :

Administrative Tribunal is described as an organized form of lawlessness since it violates the principle of Rule of Law. With its arbitrary actions and lack of judicial procedure it often circumvents principles of natural justice. Since it is an extension of the Executive it is also a violation of Separation of Powers and can create conflict of interest. The most explicit form of lawlessness is in cases where the decision of the Administrative Tribunals cannot be appealed for in an ordinary court.

There is a need to create adequate safeguards to ensure effectiveness of the Administrative Tribunals while upholding the integrity of Rule of Law. Legal professionals must be employed in the tribunals and a formal judicial procedure must be encoded which must not be circumvented. Jurisdiction of these tribunals must be well defined to avoid unnecessary recourse. Arbitrary actions must be discouraged with adequate reasoning for decisions along with a provision of appeal to ordinary courts in case of dissatisfaction with the decision.

Some key characteristics of administrative tribunals are following :

1) It is headed by administrative officials
2) It aims at providing speedy justice under administrative law
3) It deals with specialised administrative matters
4) It is empowered with adjudicatory powers
5) It does not follow the procedure of evidence and lawyers
5) Its decisions are arbitrary and left to discretion of presiding officer
(Total Words-227)

(Linkages : Administrative Tribunals, Organized Lawlessness, Principles of Rule of Law, Natural Justice ,Ordinary Court )

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