POWER OF REVIEW OF ADMINISTRATIVE BODY WITH SPECIFIC REFERENCE TO CCI (GOOGLE V. CCI)
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DOI:
https://doi.org/10.55662/Abstract
Administrative tribunals are specialized governmental agencies established under federal or provincial legislation to implement legislative policy. The power of decision making is conferred upon the public boards and public decision makers by the statue. Such powers when conferred upon administrative tribunals, boards or other decision makers tend to provide a more expeditious, less formal and sometimes less expensive method for resolving certain types of disputes. In this context it is considered to be less expensive in comparison with the courts. Experts in a particular field are appointed in administrative tribunals to decide and adjudicate complex issues pertaining to that field.
Most tribunals are required by common law or statute to follow some basic rules of procedure. Though there is no specific set of rules that apply universally, the procedure to be followed by a tribunal may be found in the enabling statute or related regulation, guidelines, or directives. Procedures may also be provided by a notice issued for a particular proceeding or they may be an unwritten tribunal policy. The expression tribunal as used in Article 136 of the constitution does not mean the same thing as ‘court’ but includes, within its ambit, all adjudicating bodies provided they are constituted by the state and are invested with judicial as distinguished from administrative or executive functions..Tribunals are clad in many of the trappings of a court and though they exercise quasi-judicial functions, they are not full-fledged courts.
Therefore the definition and meaning of Administrative tribunals stated above forms the focal point of the said article. As only if one understands the meaning of administrative tribunal can one understand its powers? This article will deal with one such power that is “power of review” by administrative tribunals.
This specific power is much debated as according to the administrative principles it is not exclusively conferred upon the said tribunals.
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