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Report No. 272

E. Swaran Singh Committee Report - 1976

3.11. With the acceptance of welfare ideology, there was a mushroom growth of public services and public servants. The Courts, mainly the High Courts were inundated with service cases. Therefore, the Swaran Singh Committee recommended the establishment of administrative Tribunals as a part of adjudicative system under the Constitution.47 The Committee further recommended the setting up of Tribunals in three broad areas to combat delays in the Indian legal system. It also recommended that the decisions of the Tribunals should be subject to scrutiny by the Supreme Court under Article 136 of the Constitution. The jurisdiction of all other Courts including the writ jurisdiction of the Supreme Court under Article 32 and the High Courts under Article 226 of the Constitution be barred. 48 The suggestions of the Committee can be summarised as under:

47 K.C. Joshi, "Constitutional Status of Tribunals" 41:1 JILI 116 (1999).

48 Thiruvengadam, Arun K., The Oxford Handbook of the Indian Constitution 414 (Oxford University Press, United Kingdom, 1st edn., 2016).

i. Administrative Tribunals may be set up under the Central Law, both at the State level and at the Centre to decide cases relating to service conditions.

ii. Provision may be made for setting up an All-India Labour Appellate Tribunal to decide appeals from Labour Courts and Industrial Tribunals.

iii. Disputes relating to revenue, land reforms, ceiling of urban property, procurement and distribution of food grains and other essential commodities shall be decided by the Tribunals.

Assessment of Statutory Frameworks of Tribunals in India Back

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