UPSC Mains 2018 GS2 Q12 — Tribunals and Judiciary
How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- How far do you agreediscuss
- Scope keywords
- tribunals curtail the jurisdictionordinary courtsconstitutional validitycompetency of the tribunals
- Implicit sub-parts
- Analysis of Article 323A and 323B versus the Power of Judicial Review under Article 226/227.
- The evolution of the 'exclusion of jurisdiction' clause and the landmark L. Chandra Kumar judgment.
- Evaluation of technical competency versus judicial independence in tribunal composition.
- Discussion on whether tribunals act as substitutes or supplements to the High Courts.
- Common pitfalls
- Failing to mention the L. Chandra Kumar case (1997) which settled the 'curtailment' debate.
- Focusing only on the efficiency of tribunals (speed/cost) without addressing the legal 'competency' aspect.
- Ignoring the 42nd Constitutional Amendment Act that introduced Part XIV-A.
- Neglecting the recent issues regarding the Tribunal Reforms Act, 2021 and the search-cum-selection committees.
- Dimensions required
- Constitutional/LegalJudicialAdministrativeInstitutional Capability
- Marks allocation hint
Allocate 75 words to the debate on 'curtailing jurisdiction' by referencing the basic structure doctrine. Use 125 words to discuss constitutional validity (L. Chandra Kumar) and the current challenges to competency (technical members vs judicial members). Use the final 50 words for a balanced conclusion on the 'supplementary' role of tribunals.
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