India is one of the oldest civilizations in the world with a kaleidoscopic variety and rich cultural heritage. We require modernization and computerization of our criminal justice system. In order to have a strong socio-economic system, it is important that each and every state of trial of an accused should move at reasonably fast pace…. The accused and the witnesses should have resting rooms if the trial has become lengthy. As is well-known at the present day, a research scholar cannot depend upon any one particular method for the preparation of a thesis. This is a movement whereby any public-spirited person can move the Court for remedying any wrong affecting the public.
It is experienced that there is increasing laxity in the court work by the police personnel, empowered to investigate the case. In cases lawyers may or may not appear. Section 1 of Article 323-A provides for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India. Even the statements of reasons are not given. Union Territory of Arunachal Pradesh; etc.
The building which was constructed for the purpose of residence is being used to house courts. Thus, the basic objective of the administrative tribunals is to take out certain matters of disputes between the citizen and government agencies of purview of the regular courts of law and make the dispute redressal process quick and less expensive. Appeals against its orders lie only with the Supreme Court of India. The idea of setting up service tribunals also found favour with the Supreme Court of India which in K. It was to examine the problem, suggests solutions and also to recommend the suitable areas in which tribunals could be set up. And, maybe, other member could be from the judiciary; not from the district judges, but from the level of High Courts, we can keep one.
We have provided a searchable list of Tribunals in India. As such tribunals are very important. There should be suitable building for the proper functioning of the courts. Therefore, the Law Commission is of the view that L. This is a significant step by the Supreme Court in giving access to justice to the people belonging to the lowest strata of society.
Various factors contribute to large pendency of criminal cases in the subordinate courts. . Nayak, the Supreme Court summarized 11 principles as guidelines applicable to a speedy trial. They work on the principles of natural justice and not on law of evidence which are usually followed by courts in general. The basic objective of administrative tribunals is to take out of the purview of the regular courts of law certain matters of dispute between the citizen and government agencies and make the judicial process quick and less expensive. In one of the judgments, the Supreme Court of India observed that civil servants need not waste their time in fighting battles in the regular law courts and suggested the establishment of such tribunals. The witnesses are either won over by muscle or money power or they become sympathetic to the accused.
In order to avoid clogging the judicial machinery with cases which would have arisen by the operation of these new socio-economic legislations, a number of tribunals were established by the government. Bounded by the Great Himalayas in the north, it stretches southwards and at the Tropic of Cancer, tapers off into the Indian Ocean between the Bay of Bengal on the east and the Arabian Sea on the west. The other members are expected to satisfy the prescribed requirements- which are to ensure that the members are experts and will be able to speedily and effectively dispose of matters. Failure to accord fair hearing either to the accused or the prosecution violates even minimum standards of due process of law. Section 4 1 of the Act provides for the establishment of Central Administration Tribunals. Parliament was further empowered of such tribunals and also to exclude the jurisdiction of all courts except that of the Supreme Court under Article 136. The Commission recommended the establishment of independent tribunals.
The modern Indian Republic was born a Welfare State and thus the burden onthe government to provide a host of welfare services to the people was immense. Today, it has 17 regular benches, 15 of which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow. On many occasions the Sessions Judges adjourn the cases for long period and the delay is thus caused and many witnesses who would have supported the prosecution case lose interest in the case and often forget the ethical duty cast on them. There is a general complaint that the Police has no sufficient time or force, to serve in time the summons on the witnesses and keep the under trial prisoners present in the Court, at the time of trial. It is not uncommon for any criminal case to drag on for years.
Further, it was only through cases filed in public interest that the Supreme Court was able to encourage legal aid service to poor and indigent persons. At present there are two categories of service tribunals, one constituted by the States under their own legislation and the other constituted under the Central legislation, Administrative Tribunals Act, 1985. No court fees are to be paid, no solicitors are to be instructed, no counsel is to be briefed, no affidavits are to be sworn. The reason for such a large number of Tribunals is because of they are established under different statutes. So, one has to find out a via media between these two to render social justice to the poor and needy who want to seek their grievance redressed through Law Courts. The required materials for the thesis have been collected mainly by applying the doctrinal approach.