Topic: Statutory, regulatory and various quasi-judicial bodies.
3. While presenting an overview of India’s Appellate Tribunal System discuss the problems associated with it. (250 words)
Reference: Business Standard
Why the question:
A draft law to wind up a few tribunals and move their appellate jurisdiction to the High Courts presents an opportunity to leapfrog and make tribunals the first court. Thus the question.
Key Demand of the question:
Present the overview of India’s Appellate Tribunal System discuss the problems associated with it. (
Directive:
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Introduction:
Start with coming of Tribunals; Since the 1990s, a proliferation of regulators on the principle of “See a market, create a regulator; See a regulator, create a tribunal” is noticed.
Body:
The answer body must have the following aspects covered:
Present an overview; Appellate jurisdiction refers to the authority of a court to rehear/review a case decided by a lower court. In India, appellate jurisdiction is vested in both the Supreme Court and High Courts. They may either overrule or uphold the judgments of lower courts.
Give examples such as – Securities Appellate Tribunal (SAT), Telecom Disputes Settlement Appellate Tribunal (TDSAT).
Discuss the Problems in India’s Appellate Tribunal System.
Conclusion:
Conclude with way forward.
