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Tribunalisation of Justice in India

The doctrine of the separation of powers is enshrined within the constitution of India. Though article 50 of the constitution (being a Directive Principle of the State Policy) is not legally enforceable, it expresses the desire of our constitution framers to achieve the separation of the executive and judiciary. However, practical concerns necessitate the devolution of a wide variety of decision-making and adjudicatory functions on the administrative apparatus of the state. The most popular mode of administrative adjudication has been the institution of tribunals which we discuss in the following. Tribunalisation of justice in India goes as far back as 1941 when the Income Tax Appellate Tribunal was set up to provide speedy and specialised administrative justice. This institution proved to be efficient and flexible. Its success gave impetus to the setting up of several similar tribunals in other areas. In 1969, the Administrative Reforms Commission recommended the setting up of ci