Election Commission
Article 324 of the constitution provides for the creation of an independent body named the Election Commission and vests it with certain exclusive powers. Under section 169 of the Representation of the People’s Act 1951, the Election Commission is competent to decide on disputes relating to allotment of symbols to political parties and to recognise or de-recognised parties for such purposes. It is these powers that are adjudicatory and which endow the Election Commission with the status of a tribunal. An order of the commission can be challenged before the Supreme Court.
Foreign Exchange Appellate Board
The Foreign Exchange Appellate Board has been established under the provisions of the Foreign Exchange Regulation Act. Any person aggrieved by an order of adjudication for committing breach or offence under the foreign exchange regulation act 1973 can file an appeal to the board. The order of the foreign exchange appellate board is final, however, there is no bar to approaching the Supreme Court.
The Income Tax Appellate Board
The Income Tax Appellate Tribunal has been constituted under the Income Tax Act 1961. The tribunal adjudicate’s on appeals against the orders passed by the senior officials of the Income Tax Department. The tribunal comprises judicial and accounted members and sits in benches in various cities. The tribunal functions under the control of the Ministry of Law.
Other Fora
Apart from various quasi-judicial authorities, the government has provided various other fora for speedy settlement of disputes. Some of the important fora are :
- Arbitration
- Lok Adalats
- Public Interest Litigation
- Amicus Curiae
- Nyaya Panchayat’s Family Courts
- Fast Track Courts
Arbitration
disputes by the disputant by referring them to persons in whom disputants have confidence is known as arbitration. In an organised society, people cannot take law into their own: hands particularly as judicial machinery is provided by the State for getting matters settled by competent courts, where judges are appointed by the State and the litigants are meant to bring disputes before them. Arbitration is an extra-judicial forum and an alternative method of settlement of such disputes. It is a process in which parties agree in writing to abide by the judgement of particular persons in specific matters instead of going to the courts for justice.
Lok Adalats
If an ordinary person is forced to fight for justice against a corporation, insurance company, a big company, or a government undertaking, the fight is always an unequal one. In most cases, an individual cannot afford proper legal services whereas corporations can retain the services of some of the best legal practitioners. Sometimes other court expenses are so heavy that they constrain an individual litigant. Moreover, technical procedures become more complex, adjournments increase and costs continue to rise. In order to offset these problems, the parliament has passed the Legal Services Authorities Act 1987. Under the provision of this act the Lok Adalats have been created. The Act provides that state or district authorities will organise Lok Adalats from time to time at convenient places and the Adalats will exercise such jurisdiction in that area as the state or district authorities confer upon them. It further says that Lok Adalats will consist of judicial officers of the area and such other members who possess certain qualifications and experience as may be prescribed by the state. Every award of the Lok Adalat shall be deemed to be a decree of a civil court or order of a tribunal and shall be final and binding on the parties to the dispute. It also provides that with respect to cases decided at a Lok Adalat, the court see paid by the parties will be refunded. The jurisdiction of Lok Adalats is very wide. They can determine and arrive at compromises or settlements between the parties to a dispute in respect of any matter falling with the jurisdiction of civil, criminal or revenue courts or tribunals.
Public Interest Litigation
In recent years, a new class of litigation has developed which differs from traditional litigation inasmuch as there are no plaintiffs or defendants nor state/complaint vs. accused; it is less expensive and more efficacious. Where a government department or a public authority is found to be transgressing the law or committing acts of oppression, injustice, exploitation, or where it is guilty of such acts as pollution of water and the environment for which there is no provision in ordinary civil or criminal law, anyone who is offended or injured or likely to be affected can bring an action known as Public Interest Action or Social Interest Action within their original jurisdiction under Articles 226 and 32, the High Courts and the Supreme Court can issue writs against the state to set right the grievance of an aggrieved party by issuing writs/orders/injunctions.
Under this, people can bring action against, for example, the exploitation of labourers by contractors, the use of children as bonded labour, illegal detention of undertrials, torture while in custody, and even things such as pollution of the environment and lack of treatment for this. The court can be moved by any individual or group of persons either by filing a writ petition at the filing counter of the Court or by addressing a letter to the Honourable Chief Justice of India, highlighting the questions of public importance, for invoking this jurisdiction. This concept of PIL is unique to the Supreme Court of India only and perhaps no other court in the world has been exercising this extraordinary jurisdiction. A writ petition filed at the filing counter is dealt with like any other writ petition and proceeded as such.
Here are some notes on Nyaya Panchayats And Other Local Judicial Bodies.