DOCSLIB.ORG

Annual Policy Review

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Annual Policy Review ANNUAL POLICY REVIEW April 2017- March 2018 PRS Legislative Research April 2018 Institute for Policy Research Studies 3rd Floor, Gandharva Mahavidyalaya 212, Deen Dayal Upadhyaya Marg New Delhi – 110 002 Tel: (011) 4343 4035-36 www.prsindia.org Contributors: Mandira Kala Gayatri Mann Nivedita Rao Prachee Mishra Roopal Suhag Roshni Sinha Sai Priya Kodidala Sanat Kanwar Vatsal Khullar DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non- commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. ii Annual Policy Review: April 2017 – March 2018 PRS Legislative Research Table of Contents Finance and Industry ............................................................................................................ 4 Macroeconomic Developments .................................................................................................... 4 Finance ......................................................................................................................................... 6 Corporate Affairs ........................................................................................................................ 16 Commerce and Industry ............................................................................................................. 16 Labour ........................................................................................................................................ 19 Agriculture .................................................................................................................................. 21 Infrastructure ....................................................................................................................... 27 Civil Aviation ............................................................................................................................... 27 Railways ..................................................................................................................................... 29 Roads ......................................................................................................................................... 30 Shipping ..................................................................................................................................... 33 Power ......................................................................................................................................... 35 Petroleum and Natural Gas........................................................................................................ 36 Coal ............................................................................................................................................ 38 Mining ......................................................................................................................................... 40 Iron and Steel ............................................................................................................................. 41 Telecom...................................................................................................................................... 42 Space ......................................................................................................................................... 43 Development ....................................................................................................................... 44 Education and Skill Development .............................................................................................. 44 Health ......................................................................................................................................... 52 Urban Development and Housing .............................................................................................. 59 Rural Development .................................................................................................................... 64 Environment ............................................................................................................................... 65 Water Resources ....................................................................................................................... 66 Women and Child Development ................................................................................................ 68 Youth Affairs and Sports ............................................................................................................ 69 Minority Affairs ........................................................................................................................... 69 Culture ........................................................................................................................................ 70 Law and Security ................................................................................................................ 71 Law and Justice ......................................................................................................................... 71 Consumer Affairs ....................................................................................................................... 76 Defence ...................................................................................................................................... 77 Home Affairs .............................................................................................................................. 78 Social Justice and Empowerment .............................................................................................. 79 Personnel and Public Grievances .............................................................................................. 81 External Affairs ........................................................................................................................... 81 iii Highlights of the year Macroeconomic Developments Law and Justice to amend the no detention provision in the RTE Act, 2009. The Indian economy is Supreme Court held the right to The University Grants estimated to grow at 6.6% in privacy to be a fundamental Commission released the 2017-18. The RBI reduced the right. The Court held the Guidelines for Autonomous repo rate from 6.25% to 6% over practice of instant triple talaq Colleges, 2017. the year. As of March 2018, invalid; Lok Sabha passed a Bill retail inflation stood at 4.3% to make it punishable. The Coal year on year, and wholesale Court also permitted passive The new coal linkage policy for price index inflation was at euthanasia, subject to certain the power sector, SHAKTI, was 2.5%, year on year. conditions. announced. The Ministry of Finance Railways Coal also released the Coal Block Allocation Rules, 2017 The Goods and Services Tax The Rail Development regarding the process of was introduced across the Authority was created to frame allocating coal blocks through country from July 1, 2017. The guiding principles for tariff auction or allotment. Banking Regulation determination for freight and (Amendment) Bill, 2017 passed passenger segments. The Water Resources by Parliament allowed the RBI requirement of paying dividend Supreme Court delivered its to direct banks to initiate to the central government by the judgement on the Cauvery water insolvency resolution Railways was waived off. dispute, allocating 14.75 TMC proceedings against defaulters. Consumer Affairs water to Karnataka and reducing The Financial Resolution and the share of Tamil Nadu by the Deposit Insurance Bill, 2017 The Consumer Protection Bill, same amount. The Union was introduced. It seeks to 2018 was introduced to replace Cabinet approved setting up of a monitor banks and resolve them the Consumer Protection Act, tribunal to resolve the dispute in case of failure. 1986. The Bill contains between Odisha and provisions with regard to Civil Aviation Chhattisgarh over Mahanadi product liability, unfair river water. The Ministry of Civil Aviation contracts, and sets up district, proposed strategic disinvestment state, and national consumer Roads of Air India by way of transfer courts. The Motor Vehicles of management control and sale Health (Amendment) Bill, 2017 was of 76% equity share held by the passed by Lok Sabha. It seeks central government. DGCA The National Medical to address issues around road released rules for handling of Commission Bill, 2017 was safety and sets up a National unruly passengers. It also introduced. It seeks to replace Road Safety Board. Bharatmala released draft regulations on the Medical Council of India. Phase I approved. A total length civilian operation of drones. Cabinet approved the National of 34,800 km of roads have been Health Protection Mission to Commerce approved under the program. provide annual health insurance FDI in Air India will be allowed cover of up to five lakh rupees Labour up to 49% after disinvestment per family. National Nutrition The Code on Wages was by the government. 100% FDI Strategy, 2017 was released. It introduced
Load more

Recommended publications
  • Reforming the Tribunals Framework in India: an Interim Report
    REFORMING THE TRIBUNALS FRAMEWORK IN INDIA: AN INTERIM REPORT Arijeet Ghosh | Diksha Sanyal | Raunaq Chandrashekar | Reshma Sekhar April 2018 www.vidhilegalpolicy.in This Interim Report is an independent, non-commissioned piece of academic work. The authors would like to thank Vidhi Senior Resident Fellows Alok Prasanna Kumar, Sumathi Chandrashekaran, Neha Singhal; Research Fellows Lalit Panda and Sohini Chatterjee; Suchindran B.N for their inputs; and Vidhi intern Abhishek Vyas for his assistance. Errors, if any, in the Report are the authors’ alone. We would also like to thank Tata Trusts for the support towards “Vidhi-Tata Trusts Fellowship,” under which fellows will work on the Justice, Access, and Lowering Delays in India (JALDI) project. This multi-year initiative aims to advocate for and implement evidence-based reforms to eliminate existing backlog in courts and ensure that they are disposed within reasonable timelines. Three Vidhi- Tata Trusts Fellows have contributed to the present report to examine and analyse the tribunals framework in India. The Vidhi Centre for Legal Policy is an independent think-tank doing legal research and assisting government in making better laws. For more information, see www.vidhilegalpolicy.in About the Authors Arijeet Ghosh, Diksha Sanyal, Raunaq Chandrashekhar & Reshma Sekhar are Research Fellows in the Judicial Reforms Initiative at the Vidhi Centre for Legal Policy. © Vidhi Centre for Legal Policy, 2018 Table of Contents CONTENTS Contents ...........................................................................................i
    [Show full text]
  • (C) NO. 150 of 2006 Madr
    “ REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION TRANSFERRED CASE (C) NO. 150 OF 2006 Madras Bar Association …Petitioner(s) versus Union of India and another …Respondents WITH CIVIL APPEAL NO. 3850 OF 2006 CIVIL APPEAL NO. 3862 OF 2006 CIVIL APPEAL NO. 3881 OF 2006 CIVIL APPEAL NO. 3882 OF 2006 CIVIL APPEAL NO. 4051 OF 2006 CIVIL APPEAL NO. 4052 OF 2006 WRIT PETITION (C) NO.621 OF 2007 TRANSFERRED CASE (C) NO.116 OF 2006 TRANSFERRED CASE (C) NO.117 OF 2006 TRANSFERRED CASE (C) NO.118 OF 2006 WRIT PETITION (C) NO.697 OF 2007 J U D G M E N T Jagdish Singh Khehar, J. The Controversy: 1. All the above cases are being disposed of by this common judgment. The issue which arises for consideration before us, in the present bunch of cases, 1 Page 1 pertains to the constitutional validity of the National Tax Tribunal Act, 2005 (hereinafter referred to as, the NTT Act). Simultaneously, the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976 has been assailed, by asserting, that the same violates the basic structure of the Constitution of India (hereinafter referred to as, the Constitution), by impinging on the power of “judicial review” vested in the High Court. In the event of this Court not acceding to the aforementioned prayers, a challenge in the alternative, has been raised to various provisions of the NTT Act, which has led to the constitution of the National Tax Tribunal (hereinafter referred to as, the NTT). The NTT, according to the learned counsel for the petitioners, is styled as a quasi-judicial appellate tribunal.
    [Show full text]
  • Vidhi's Strategy Document
    The co-authors of this report are part of JALDI- Justice, Access & Lowering Delays in India initiative at Vidhi. They are: Deepika Kinhal, Lead & Senior Resident Fellow Ameen Jauhar, Senior Resident Fellow Tarika Jain, Vaidehi Misra, Aditya Ranjan and Chitrakshi Jain, Research Fellows The authors would like to sincerely thank Mr. Anand Rajan from Societal Platform for sharing his expertise and relevant materials to identify technology and principles framework included in this report. We would also like to express our gratitude to Justice (Retd.) Madan Lokur, Justice (Retd.) Badar Durrez Ahamad, Justice (Retd.) K Kannan, Justice Gautam Patel (High Court of Bombay), Mr. Mukul Rohatgi (Former Attorney General of India), Ms. Madhavi Divan (Additional Solicitor General), Dr. Karnika Seth (Advocate), Mr. Jamshed Mistry (Advocate), Prof. Shubhashish Banerjee (IIT-Delhi), Mr. Sushant Sinha (IndianKanoon) and Ms. Sudebi Thakurata (Co-Founder, D.epicentre Consulting) for their insights during online consultation sessions held on 25th April, 2020. Errors, if any, in the report are the authors’ alone. For more information, see www.vidhilegalpolicy.in Contact us at [email protected] April 2020 Executive Summary……………………………………………………………..………………………………...…….5 Glossary of Terms ........................................................................................................7 Background .................................................................................................................8 Journey from ODR platforms to Virtual Courts………………………………………………………..…………...9
    [Show full text]
  • 70 POLICIES THAT SHAPED INDIA 1947 to 2017, Independence to $2.5 Trillion
    Gautam Chikermane POLICIES THAT SHAPED INDIA 70 POLICIES THAT SHAPED INDIA 1947 to 2017, Independence to $2.5 Trillion Gautam Chikermane Foreword by Rakesh Mohan © 2018 by Observer Research Foundation All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without permission in writing from ORF. ISBN: 978-81-937564-8-5 Printed by: Mohit Enterprises CONTENTS Foreword by Rakesh Mohan vii Introduction x The First Decade Chapter 1: Controller of Capital Issues, 1947 1 Chapter 2: Minimum Wages Act, 1948 3 Chapter 3: Factories Act, 1948 5 Chapter 4: Development Finance Institutions, 1948 7 Chapter 5: Banking Regulation Act, 1949 9 Chapter 6: Planning Commission, 1950 11 Chapter 7: Finance Commissions, 1951 13 Chapter 8: Industries (Development and Regulation) Act, 1951 15 Chapter 9: Indian Standards Institution (Certification Marks) Act, 1952 17 Chapter 10: Nationalisation of Air India, 1953 19 Chapter 11: State Bank of India Act, 1955 21 Chapter 12: Oil and Natural Gas Corporation, 1955 23 Chapter 13: Essential Commodities Act, 1955 25 Chapter 14: Industrial Policy Resolution, 1956 27 Chapter 15: Nationalisation of Life Insurance, 1956 29 The Second Decade Chapter 16: Institutes of Technology Act, 1961 33 Chapter 17: Food Corporation of India, 1965 35 Chapter 18: Agricultural Prices Commission, 1965 37 Chapter 19: Special Economic Zones, 1965 39 iv | 70 Policies that Shaped India The Third Decade Chapter 20: Public Provident Fund, 1968 43 Chapter 21: Nationalisation of Banks, 1969 45 Chapter
    [Show full text]
  • Assessment of Statutory Frameworks of Tribunals in India
    GOVERNMENT OF INDIA LAW COMMISSION OF INDIA Report No.272 Assessment of Statutory Frameworks of Tribunals in India October, 2017 ii Report No. 272 Assessment of Statutory Frameworks of Tribunals in India Table of Contents Chapter Title Page I Introduction 1-9 II Tribunal System: A Global Perspective 10-20 III Tribunal System in India 21-33 IV Revisiting Recommendations of the Previous Law Commissions 34-42 V Uniformity in Appointment, Qualifications, Tenure and Conditions 43-53 of Service VI Power of Judicial Review under the Constitution 54-64 VII Appeals to High Courts and the Supreme Court 65-77 VIII Bypassing the Jurisdiction of High Courts 78-85 IX Exclusion of Jurisdiction of all courts by an alternative mechanism 86-93 and Access to Justice X Conclusions and Recommendations 94-100 Annexure I – The Tribunals Merged vide Finance Act, 2017 101 Annexure II – Removal Provisions relating to Tribunals 102-107 Annexure III –Tribunals from where the appeal lies to the High 108 Court Annexure IV – Tribunals from where appeal lies to the Supreme 109 Court Annexure V – Tribunals from where appeal lies to the Appellate 110-111 Tribunals/Authorities Annexure VI – The Acts which precludes the jurisdiction of Civil 112-114 Courts iii CHAPTER – I INTRODUCTION 1.1. 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’ i.e., a Roman official under the monarchy and the republic with the function of protecting the plebeian citizen from arbitrary action by the patrician magistrates.
    [Show full text]
  • National Tribunals Commission Framework
    AA FRAMEWORKFRAMEWORK FORFOR THETHE NATIONALNATIONAL TRIBUNALSTRIBUNALS COMMISSIONCOMMISSION DRAFT WHITE PAPER April 2021 DAKSH | FRAMEWORK FOR THE NTC 1 Contributors Contents Executive Summary 3 Aakanksha Mishra Siddharth Mandrekar Rao A Introduction 9 Surya Prakash B.S. B Background 11 i. Overview of tribunal system in India 11 ii. Problems that have plagued tribunals in India 13 This report has been designed by Kshiraja Krishnan. iii. Series of judicial interventions 16 C National Tribunals Commission 23 i. Institutional Framework - NTC as an ‘independent 23 oversight institution' ii. Legal Framework for the NTC- some considerations 26 iii. Functions of the NTC 46 iv. Need for Judicial Impact Assessment – 58 Preventing ‘over’ tribunalisation This work is licensed under a Creative Commons 60 Attribution 4.0 License. D Pathway to change E International Experience 62 For any queries and clarifications regarding this i. Canada 63 paper please email [email protected] ii. United Kingdom (UK) 65 To follow more of DAKSH’s work, please visit iii. Key learnings from other jurisdictions 70 www.dakshindia.org F Conclusion 71 You can also follow us on our social media handles: Annexure A: List of Tribunals created by laws of Parliament 72 @dakshimpact 73 @daksh_india Annexure B: Reform Efforts DAKSH Society Annexure C : Workload in selected tribunals 76 DAKSH | FRAMEWORK FOR THE NTC 2 Executive Summary The 42nd Constitutional Amendment in 1976 embedded tribunals as of creation of a single umbrella organization for the administration of all an integral part of the justice delivery mechanism in India. Since then, tribunals. Since then, the Court has repeatedly urged the government to specialised tribunals have been set up in a wide range of sectors both under create a wholly independent agency to oversee the working of tribunals union as well as state laws.
    [Show full text]
  • 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.
    [Show full text]
  • Governance-Part-2.Pdf
    JATIN VERMA'S IAS ACADEMY Table of Content Governance: Evolution and basics (Pg. no: 2-14) E-Governance (Pg. no: 15-25) Development processes and the development industry (Pg. no: 26-35) Citizen Charter (Pg. no: 36-42) Self Help Groups (SHGs) (Pg. no: 43-46) Role of civil services in a democracy (Pg. no: 47-57) Balanced Regional Development: Transforming Aspirational Districts (Pg. no: 58-61) Salient features of Representation of People’s Act (Pg. no: 62-71) Water Management, Institutional Reforms and Conservation Efforts (Pg. no: 72-76) Policies (Pg. no: 77-85) Probity in Public Life (Pg. no: 86-87) Statutory, Regulatory and Various Quasi-Judicial Bodies (Pg. no: 88-110) 1 JATIN VERMA'S IAS ACADEMY Governance: Evolution and basics Government Introduction ● Human societies are characterised by diversity of interests, preferences, values and ideas. This creates a situation of inherent conflicts in the society which, if left unattended, would be detrimental to each and everybody’s interest. ● The existence of diverse interests and consequent conflicts within human society necessitates the existence of government. Thus, the government is the political system by which a country or community is administered and regulated. Why is the government required? ● Acceptance of the basic social principle is necessary for coexistence. Social principles are necessary to live together in a peaceful, productive and rational society and without these principles, no moral or civilised society can exist. ● Government is the legitimate authority to protect, enforce and ensure respect for the basic social principles. For example, some of these social principles in India are Access, Equity, rights and participation.
    [Show full text]
  • Central Administrative Tribunal a Pulsating Vibrant Dispensation: an Introspection 111
    CENTRAL ADMINISTRATIVE TRIBUNAL A PULSATING VIBRANT DISPENSATION: AN INTROSPECTION 111 It is my proud privilege and pleasure to address this august gathering on the eve of silver jubilee celebrations of the Chandigarh Branch of the Central Administrative Tribunal. Undoubtedly, a jubilee is an event to rejoice, nevertheless, it is also an occasion to showcase the past of an institution as a measure to lend a credible assurance of its capacity to meet the challenges of the future. Therefore, I commend the organisers of this function for selecting this occasion to deliberate upon a few challenges and dilemmas voiced at different fora from time to time. The Tribunals in India have a very engaging history, dating back to the year 1941, when the first Tribunal in the form of the Income-Tax Appellate Tribunal, was established. The post Independence era saw the insertion of Articles 323A and 323B by the Constitution (42 nd Amendment) Act, 1976, giving constitutional recognition to the Tribunals with effect from 3 rd January 1977. Article 323-A exclusively relates to the 1 Address by Hon’ble Mr. Justice D.K. Jain, Judge, Supreme Court of India, delivered on November 19, 2011 at Chandigarh Judicial Academy on the eve of Silver Jubilee of the Chandigarh Bench of the Central Administrative Tribunal. 1 Administrative Tribunals. It empowers the Parliament to make laws, providing 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 Government or any of their Corporation etc.
    [Show full text]
  • Mains Marathon Compilation March 2020
    ForumIAS Mains Marathon Compilation March, 2020 MAINS MARATHON COMPILATION MARCH, 2020 General Studies 1 Q.1) What are the favourable conditions for formation of corals? Analyse the impact of global warming on corals. Q.2) Recent rise in communal disharmony and intolerance is a threat to Indian plural democracy. Comment. Q.3) Discuss how focusing public policy on bio-fortification, sanitation and women’s education can resolve India’s malnutrition problem. Q.4) Give an account of progress made by India in improving gender equality in the education system. Mention various government efforts towards women education in India. Q.5) Do you think India should legalise abortion in India? Critically comment. Q.6) Discuss the need and significance of skill development among women in India. What measures have been taken by the government for the same? Q.7) What is red snow? What causes red snow? Discuss various concerns over red snow in Antarctica. Q.8) Increasing the number of women recruits alone will not be enough; institutional changes are also important. Comment. Q.9) Discuss whether Death penalty is a solution towards ending violence against women or not. Q.10) Discuss various features of Indian secularism. Also, mention various threats to secular democracy in India. Q.11) What factors are responsible for the origin and modification of ocean currents? Explain how ocean current currents affect the climate of surrounding regions. General Studies 2 Q.1) What do you understand by the term ‘right to due process’? Discuss its significance in a democracy. Q.2) India’s policy towards Afghanistan.
    [Show full text]
  • How to Modernise the Working of Courts and Tribunals in India
    NIPFP Working paper series How to Modernise the Working of Courts and Tribunals in India No. 258 25-March-2019 Pratik Dutta, Mehtab Hans, Mayank Mishra, Ila Patnaik, Prasanth Regy, Shubho Roy, Sanhita Sapatnekar, Ajay Shah, Ashok Pal Singh, Somasekhar Sundaresan National Institute of Public Finance and Policy New Delhi Working Paper No. 258 How to Modernise the Working of Courts and Tribunals in India Abstract Indian courts are clogged with large backlogs. Part of the reason for the problem is that cases take a Pratik Daa, very long time to move through the courts. e Mehtab Hans, slow progress of court cases is harmful for the Indian Mayank Mishra, democracy and economy. Ila Patnaik, We suggest that part of the reason for the back- Prasanth Regy, log is the poor administrative support available to judges. Following several Supreme Court judge- Shubho Roy, ments, we propose that a separate organisation (e Sanhita Sapatnekar, Indian Courts and Tribunals Services, ICTS) be set up Ajay Shah, to facilitate administrative functions. Ashok Pal Singh, Care needs to be taken while designing ICTS Somasekhar Sundaresan to ensure the protection of judicial independence. e functions of ICTS would also involve a re- engineering of the business processes of the courts to take full advantage of modern technology. Accessed at https://www.nipfp.org.in/publications/working-papers/1853/ Page 1 Working Paper No. 258 Contents 1 Introduction 2 e Problem 2.1 Judicial Ineciency ...................................... 2.2 Solutions proposed so far ................................... 3 Separating the Judicial and Administrative Functions 3.1 Judicial versus Administrative Functions of Courts ....................
    [Show full text]
  • 'The Legal Ecosystem of Tribunals and Regulatory Bodies in India'
    Regulating India Briefing Note ‘The Legal Ecosystem of Tribunals and Regulatory Bodies in India’ The Challenges and Issues presented by Tribunals and Regulatory Bodies I. Introduction Over the years, Tribunalisation has been taking place across the world as an effective alternative to traditional Courts for dispute resolution and justice dispensation. India has been no exception to this world-wide trend. In India, Tribunals1 are conceptualized as quasi- judicial bodies established to adjudicate disputes related to specified matters, which exercise jurisdiction as per the statute establishing them. Such a body is required to have the ‘trappings of a Court’ yet it has many flexibilities devoid of technicalities of regular Court to ensure speedy and affordable justice. The term `tribunal' has not been defined. However, Courts have laid down the requisites of tribunals such as in Jaswant Sugar Mills Ltd., Meerut v. Lakshmichand2 where it was held that to determine whether an authority acting judicially was a tribunal or not, the principal test was whether it was vested with the trappings of a Court, such as having the authority to determine matters, authority to compel the attendance of witnesses, the duty to follow the essential rules of evidence and the power to impose sanctions. In Union of India v. R. Gandhi, President, Madras Bar Association with Madras Bar Association, v. Union of India 20103 (“Madras Bar Association, v. Union of India 2010”), the court pointed out the difference between Court and Tribunal 1 By "Tribunals", it is meant those bodies which are appointed to decide disputes arising under certain special law. Some tribunals have both regulatory as well as adjudicatory roles.
    [Show full text]