Administrative Adjudication: Is It A Modern Alternative To Courts?

Aditya Srivastava, BBA LL.B. (H), Symbiosis Law School

ABSTRACT

In today’s modern world, the functions of the administration is constantly expanding day by day and with those problems related to administration is also growing. Generally, if there is a dispute between two person or whether a dispute arises between the states and a person then these kinds of matters are dealt in by the court but due to rising number of administrative cases it is not possible to deal every matter without putting a burden on the Judiciary System of the Country. Therefore, to avoid the burden on the court, the administrative unit of the country are allowed to have their own tribunal for solving matter related to them. This power vested on the administration is known as Administrative Adjudication. This research paper is based on this very topic about administrative adjudication and how well is it performing in the modern era. We will also take a look at the pros and the cons of having a separate adjudicatory power vested and will work over finding the solutions for the problems if there is any. The main problem regarding the administrative adjudication is that it lays the threat over the doctrine of common law upon which the concept of independent judiciary is based upon. This research paper has been written after deep research from many articles, journals and other papers. Throughout analyzing the data, various perspectives have been explored in producing the best research material for the paper. The research done for this paper is precisely accurate and has been represented in the same way.

Keywords: Rule of law, Administrative Adjudication, Judiciary System, Independent Judiciary, Administration.