This note examines the legislative, procedural and institutional issues and challenges that exist in the overall architecture of Tribunals and Regulatory bodies in India.
Senior Advocate Sanjay Sen sets the context for the present three-part Regulating India essay series in this introductory essay. The author traces the exponential growth of tribunals in India and gives an overview of the unsettled issues presented by tribunals.
The second essay in the three-part Regulating India essay series examines the legal foundation on which tribunals stand. The author argues that the inherent breakdown of the separation of power doctrine in tribunals and the soft approach of Indian courts regarding this disqualification has severely undermined their legal integrity.
The third and final essay in the three-part Regulating India essay series discusses the public law concerns that emerge from vesting legislative, executive and judicial powers in the same body, namely Tribunals.