Law & Life

Powers and Functions of Tribunals 🔷 What is a Tribunal? A tribunal is a quasi-judicial body that is created to settle disputes in specific areas of law. Tribunals are not regular courts , but they perform judicial functions . They are established by the Constitution or statutes to provide speedy and specialized justice in particular matters. 🔷 Why Tribunals Were Introduced? To reduce the burden on regular courts . To give quick and expert decisions . To provide affordable and accessible justice . To resolve disputes in technical fields like tax, labour, environment, consumer rights, etc. 🔷 Constitutional Provisions: Article 323-A – For tribunals related to service matters . Article 323-B – For tribunals related to other matters like tax, land reforms, industrial disputes, etc. 🔷 Examples of Tribunals in India: Tribunal Name Area of Jurisdiction Central Administrative Tribunal (CAT) Service matters of government employees...

Public Undertakings and Control over Corporations 🔷 What are Public Undertakings? Public Undertakings , also called Public Sector Undertakings (PSUs) or Public Enterprises , are companies or corporations owned and controlled by the government . They are established to carry out industrial, commercial, and service activities on behalf of the State. 🔷 Why are Public Undertakings Formed? To promote economic development and ensure public welfare . To operate key industries like oil, power, banking, transport, etc., which are essential for the nation. To create employment and reduce income inequality. To ensure that basic services reach all sections of society, not just the rich. 🔷 Legal Status: Public undertakings may be established by: Special statutes passed by Parliament (e.g., LIC Act, ONGC Act). Company Act, 2013 , where the government owns 51% or more of the shares. Constitutional provisions , in some cases like Statutory Corporatio...

Rule of Law 🔷 Meaning: Rule of Law means “no one is above the law.” It is a principle that the law applies equally to all individuals — whether they are common citizens or government officials. It also means that the government must act according to the law , not according to its will. 🔷 Origin: The concept of Rule of Law was developed by Sir Edward Coke and later popularized by A.V. Dicey , a British jurist, in his book "The Law of the Constitution" (1885). 🔷 Dicey’s Three Pillars of Rule of Law: 1. Supremacy of Law: Law is supreme and above all. No one can be punished unless there is a clear violation of law . Actions of the government must be authorized by law. 2. Equality Before Law: Every individual, regardless of position, is equal in the eyes of law . No special privileges for ministers, officers, or any other persons. This ensures justice and fairness . 3. Predominance of Legal Spirit / Constitution: Rights of...

Delegated Legislation 🔷 Meaning: Delegated legislation , also called subordinate legislation , is the law made by persons or bodies other than the legislature (Parliament or State Legislature) but with the authority given by the legislature . It is a process where the legislature delegates its law-making power to the executive or other agencies for detailed rules and regulations. This is necessary because legislatures cannot make detailed laws for every small matter. 🔷 Definition: According to Dicey: "Delegated legislation is the creation of laws by persons or bodies other than Parliament, but under powers conferred by an Act of Parliament." It is legislation made under the authority of a parent Act (also called the enabling Act). 🔷 Why is Delegated Legislation Needed? Volume and Complexity: Parliament cannot legislate every detail due to time constraints. Expertise: Experts in certain fields (e.g., health, environment) make technical r...