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Volume 3 Issue 3 PIF – A++ ISSN 2581-6349 VOLUME 3 ISSUE III || MARCH 2021 || Email: [email protected] Website: www.jurisperitus.co.in 1 PIF – A++ ISSN 2581-6349 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of Jurisperitus – The Law Journal. The Editorial Team of Jurisperitus holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of Jurisperitus or Legal Education Awareness Foundation. Though all efforts are made to ensure the accuracy and correctness of the information published, Jurisperitus shall not be responsible for any errors caused due to oversight or otherwise. 2 PIF – A++ ISSN 2581-6349 EDITORIAL TEAM Editor-in-Chief ADV. SIDDHARTH DHAWAN Core-Team Member || Legal Education Awareness Foundation Phone Number + 91 9013078358 Email ID – [email protected] Additional Editor -in-Chief ADV. SOORAJ DEWAN Founder || Legal Education Awareness Foundation Phone Number + 91 9868629764 Email ID – [email protected] Editor MR. RAM AVTAR Senior General Manager || NEGD Ministry of Electronics and Information Technology Phone Number +91 9968285623 Email ID: [email protected] SMT. BHARTHI KUKKAL Principal || Kendriya Vidyalaya Sangathan, New Delhi Ministry of Human Resource and Development Phone Number + 91 9990822920 Email ID: [email protected] MS. NIKHITA Assistant Manager || Deloitte India Phone Number +91 9654440728 Email ID: [email protected] MR. TAPAS BHARDWAJ Member || Raindrops Foundation Phone + 91 9958313047 Email ID: [email protected] 3 PIF – A++ ISSN 2581-6349 ABOUT US Jurisperitus: The Law Journal is a non-annual journal incepted with an aim to provide a platform to the masses of our country and re-iterate the importance and multi-disciplinary approach of law. This journal is an initiative by Legal Education and Awareness Foundation, a registered Non-Governmental Organization, which aims at providing legal education and awareness to all parts of the country beyond any social and economic barriers. We, at Jurisperitus believe in the principles of justice, morality and equity for all. We hope to re-ignite those smoldering embers of passion that lie buried inside us, waiting for that elusive spark. With this thought, we hereby present to you Jurisperitus: The Law Journal. 4 PIF – A++ ISSN 2581-6349 INDEX S. NO TITLE OF MANUSCRIPT NAME OF AUTHOR(S) PAGE NO. 1 ADMINISTRATIVE TRIBUNALS IN SIDDHARTH JHA 08 INDIA 2 JUDICIAL ACTIVISM AGAINST TAHA ISHTIYAQ 15 LEGISLATIVE EXCESS: THROUGH AN ASSESSMENT OF GENDER JUSTICE JURISDICTIONS 3 A CRITICAL UNDERSTANDING OF PARTH BINDAL 23 CRIMINAL INVESTIGATION IN INDIA 4 FRAMING OF ISSUES: A ZEENAT UL KUBRA 36 METHODICAL STEP? 5 EMERGENCY PROVISIONS AND MANVI JAIN & AKRATI 44 ITS EFFECT ON FUNDAMENTAL MODI RIGHTS 6 TECHNICAL ADVANCEMENTS IN ANANYA PANDEY & 54 THE GLOBALISED WORLD ROOPKATHA ROY THROUGH THE LENS OF IPR 7 EFFECT ON NATIONAL RADHIKA GUPTA 66 EDUCATIONAL POLICY,2020 ON RIGHT TO EDUCATION 8 JUDICIAL APPROACH ON PRAGATI SRIVASTAVA 73 DESCRIPTIVE TRADE MARKS IN INDIA 9 GOODS AND SERVICES TAX AND PRACHIE SINGH & 79 AUTOMOBILE INDUSTRY HARSH SINGH 10 CONUNDRUM OF ABSOLUTE DIVYAM AGGARWAL 94 LIABILITY IN INDIAN ENVIRONMENTAL JURISPRUDENCE 11 PROBLEM OF CYBER TERRORISM DR. USHA PALHOE 107 12 OVERLAPPING AND POSSIBLE PARIEKH PANDEY 125 CONTRADICTIONS BETWEEN 5 PIF – A++ ISSN 2581-6349 BILATERAL INVESTMENT TREATIES AND THE TRIPS AGREEMENT: A BRIEF STUDY 13 HUMAN RIGHTS AND THE MEENAKSHI. S & 134 SCUFFLE IN ITS OPERATION THAJASWINI.C.B 14 UGC REGULATION, 2015 WITH ANAGHA 148 SPECIAL REFERENCE TO STUDENTS IN HIGHER EDUCATION INSTITUTIONS” 15 ROLE OF UNITED NATIONS UTKARSH KUMAR 157 FORUM ON FORESTS IN SINGH & PARTH JAIN CONSERVATION AND SUSTAINABLE MANAGEMENT OF FORESTS IN INDIA 16 CORPORATE SOCIAL MYTHILI 168 RESPONSIBILITY (CSR) IN THE SRINIVASAMURTHY GLOBALISING WORLD 17 WHAT IS THE LEGAL POSITION OF MAAHIKA S. 176 CONSENT IN LAW, ESPECIALLY IN CONTRACTUAL LAW 18 DISSOCIATIVE IDENTITY VEDANT SAXENA 185 DISORDER: A GREY AREA WITHIN THE INSANITY DEFENSE 19 PATENTS, MONOPOLY AND ITS PRANJALI AGGARWAL 195 IMPACT ON ACCESS TO HEALTHCARE IN LIGHT OF COVID-19 20 CIVIL BOTCHES AND REMEDIES S. SUBHASHINI & 202 VIJAYALAKSHMI. R 21 ADMISSIBILITY AND RELIABILITY PALOMITA SHARMA 211 OF ELECTRONIC EVIDENCE 22 GENDER NEUTRALITY IN RAPE ANOOP CHANDRAN S 226 LAWS: A PERSSING PRIORITY 23 NESTLE INDIA LIMITED VS STATE AKHILESH YADAV & 241 OF GUJARAT AND OTHERS (1998) 1 AYUSHI JAIN GLR 528 6 PIF – A++ ISSN 2581-6349 24 R.B. JODHAMAL KUTHIALA V. CIT DEEPNAINEE KAUSHAL 250 {1971 (3) SCC 369} 25 OBSCENITY AND PORNOGRAPHY MOHD JUNED ANSARI 260 IN DIGITAL ERA: AN OVERVIEW & SHAISTA KAHKESHAN 26 THE RIGHT TO FOOD AND THE VEDANSH GUPTA 274 FUNCTIONING OF PUBLIC DISTRIBUTION SYSTEM DURING THE PANDEMIC 27 CENTRE-STATE RELATIONS-S.R NEHA MATHEW 279 BOMMAI CASE AND ITS IMPACT ON ARTICLE 356 28 SHIVAJI CHINTAPPA PATIL V MANSI MANKOTIA 286 STATE OF MAHARASHTRA (2021) LL 2021 SC 125 29 ROLE OF EDUCATION IN THE KUSHAGRADHI BISWAS 290 ECONOMIC DEVELOPMENT OF THE COUNTRY – AN ANALYSIS 7 PIF – A++ ISSN 2581-6349 ADMINISTRATIVE TRIBUNALS IN INDIA - SIDDHARTH JHA ABSTRACT This article deals with the term’ Tribunals’ used in administrative law. Which has significant sense & refers to the adjudicatory bodies which lies outside the ordinary judicial system. In India the judicial powers are settled in the courts which aims to safeguard the rights of the individuals and promotes justice. Therefore, tribunals basically deals with special laws and also judicial powers are delegated to administrative tribunal so that it can reduce the heavy burden of courts. It is a Quasi- judicial body made through specific enactment done by the legislature. After going through with this article it will help to make understand what is ‘Tribunal’ what is it need in administration, functions, powers, advantages of tribunals & disadvantages of tribunals and it also deals with the cases regarding the tribunals. INTRODUCTION The term ‘Tribunal’ is derived from the word ‘Tribunes’, which means ‘Magistrates of the Classical Roman Republic’. Tribunal is referred to as the office of the ‘Tribunes’ A Roman official under the monarchy and the republic with the function of protecting the citizen from arbitrary action by the aristocrat magistrates. A Tribunal generally is any person or institution having an authority to judge, adjudicate on, or to determine claims or disputes – whether or not it is called a tribunal in its title. In Administrative law ‘Tribunal’ basically refers in only the adjudicatory bodies which lies outside the ordinary judicial system. In India the judicial powers are settled in the courts which aims to safeguards the rights of the individuals and promotes justice. Tribunals can be described as minor courts that adjudicate disputes in special cases. It is a quasi judicial body & its deals with special cases specific enactment done by the legislature for the purpose of reducing heavy burden of courts. They are different from courts they have self-regulation powers. The need for the inquiry of the administrative tribunals couldn’t be ignored. ALL COURTS ARE TRIBUNALS BUT ALL TRIBUNALS ARE NOT COURTS. The 42nd constitutional amendment act 1976 (Part XIV- A) which included Article-323A (Administrative Tribunals) Article 323B (Other Tribunal) 8 PIF – A++ ISSN 2581-6349 HISTORY OF TRIBUNALISATION The concept of Tribunalisation came in existence in India with establishment of the income tax appellate Tribunal before Independence of the country. After independence their was a need for resolving administrative disputes with flexibility and speed. The main objective of tribunalisation was to provide speedy justice to the people. After the drafting of the Indian constitution rights for the welfare of the individuals were guaranteed by the constitution people have the right to speedy trials by courts which cannot be divided by the judicial system due to the overburden of cases and appeals. Technicalities in procedure etc; hence, They are different from courts they have self regulation powers. The need for the inquiry of the administrative tribunals couldn’t be ignored. GROWTH OF ADMINISTRATIVE TRIBUNALS The 42nd constitutional amendment act 1976 PartXIV-A which included Article-323-A (Administrative Tribunal) Article-323-B (Other Tribunal) was done with the objective of excluding the jurisdiction of the High Courts under article226 and 227, except the jurisdiction of the Supreme Courts under article136 and for originating an alternative institutional mechanism or authority for specific judicial cases. The purpose of establishing tribunals to reduce the heavy burden of the courts. Therefore, tribunals are organised as a part of civil and criminal court system under the supreme court of India. An administrative tribunal is also called ‘quasi judicial’ body. CHARACTERSTICS OF ADMINISTRATIVE TRIBUNALS 1. An administrative tribunal performs the quasi judicial and judicial functions and bound to act judicially in every circumstances. 2. They don’t have strict rules of evidence and procedure. 3. Administrative tribunals must have statutory origin. 4. They have power to make rules & regulations 5. They are different from courts. 6. Disposal case in 6 months. 7. They followed the principle of natural, justice 8. They have prerogative writs of certiorari and prohibition available against the decisions of administrative tribunals. 9 PIF – A++ ISSN 2581-6349 THE ADMINISTRATIVE TRIBUNALS ACT- 1985 In the provisions in article-323A parliament passed the administrative tribunal act 1985, providing for all the matter falling within the clause(1) of article 323-A. According to act the central administrative tribunal (CAT) was set up to the act of the legislature in 1985. The tribunals exercise jurisdiction of service matters of employees covered by it. The appeals against the orders of the administrative tribunals lie before division bench of the concerned high court. The tribunals are procedurally flexible and this flexibility increases their efficiency.
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