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Report No. 272

A. 14th Report of Law Commission of India, 1958

4.2 The delay in disposal of cases is as old as the law itself. The inordinate delay increases the cost of litigation and results in the miscarriage of justice. But at the same time, the speedy justice does not mean a hasty or summary dispensation of justice. It should be ensured that there is determination of facts in controversy and thereafter there is application of the legal principles to those determined facts.

4.3 A major issue before the Law Commission was whether to recommend the creation of tribunals for specific subject/areas. The Commission examined the Comparative experiences in England, France and the United States before concluding that the 'creation of a general administrative body like the Counseil d'Etat in France is not feasible' in India.70

70 Supra note 49 at p. 415.

4.4 The Commission recommended the establishment, at the Centre and in the States, of an appellate Tribunal or Tribunals presided over by a legally qualified Chairman along with experienced civil servants as members to which memorials and appeals from Government servants could be referred in respect of disciplinary action taken against them. The establishment of such a Tribunal was expected to serve a double purpose of speedy and cost-effective justice. Besides this, the existence of a speaking order passed by a Tribunal was to assist the Courts to reject frivolous petitions summarily. The Commission did not agree to any curtailment of the existing jurisdiction of the Supreme Court and the High Courts empowering them to exercise the power of judicial review.

Assessment of Statutory Frameworks of Tribunals in India Back

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