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VOL. 6, ISSUE 4 (2020)
Tribunalisation and separation of powers in Indian context: A critical study
Authors
Soumya Rajsingh, Neha Tripathi
Abstract
The doctrine of separation of powers is the bedrock of rule of law. In most written Constitutions, of the world, the Constitution being the source of all power, there exists a separation of functions between different organs of the State. The said phenomenon is clearly reflected in the Constitution of India, where, the doctrine of separation of powers though has not been followed in its rigid form, the functions of different parts or branches of the Government have been sufficiently differentiated ( Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549, 556). The process of tribunalisation, which commenced with the 42nd Amendment to the Constitution, in 1976, has given rise to a new debate, that whether this process is in violation of the principle of separation of powers/functions, and amounts to negation of rule of law. The debate has become more acute with the growth of tribunals in different areas. This paper attempts to study the process of tribunalisation in India, as a part of growing regulatory regime, in the backdrop of doctrine of separation of powers. It also attempts to investigate, whether this process is in violation of doctrine of separation of powers/functions, or is an extension or illustration of that phenomenon
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Pages:102-107
How to cite this article:
Soumya Rajsingh, Neha Tripathi "Tribunalisation and separation of powers in Indian context: A critical study". International Journal of Law, Vol 6, Issue 4, 2020, Pages 102-107
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