Factors Giving Rise to Administrative Tribunals

Factors Giving Rise to Administrative Tribunals:

The following have been the main factors responsible for the rise of Administrative Tribunals in every country of the world.

(I) Technical and Complex Nature of Modern Administration- The complexity of the modern industrialized and urbanized society necessitating positive action and active intervention by the state to protect and secure public interest has served as a major input for the birth of the Administrative Tribunals. With the ever-widening field of state activity, several cases arise which are highly technical in nature and require expertise and specialization for getting decided. The Administrative Tribunals can serve this need better and more effectively.

(II) Need for Prompt Action- For prompt action, the Administrative Tribunal for specific purposes are necessary. There is every need to cut short the delay in deciding cases. The courts of law, because of a very heavy burden of cases, can delay the dispensation of administrative cases. The Administrative Tribunals can handle the work promptly and efficaciously.

(III) By-product of the Welfare State- The Administrative Tribunals came into existence as a by-product of the development of the welfare state. As the emphasis shifted from individual’s rights to social interest, the established judiciary was unable to uphold the new system. The new concept of welfarism gave rise to the need for new mechanisms. The Administrative Tribunals came into existence as one such mechanism.

(IV) Law Courts are Overburdened and Costly- There is a heavy rush of cases in ordinary courts. To provide quick justice and relieve the ordinary courts of this type of work, the Administrative Tribunals came to be established. Apart from the delay in getting justice from the law courts, the judicial process is very costly and time-consuming. The Administrative Tribunals are so designed as to enable them to keep delays and costs limited.

(V) Growth of Democracy- The growth of democracy has also been one of the important factors for the emergence of Administrative Tribunals. With the growth of democracy, the role of public administration has increased. This has in turn increased the importance of Administrative Tribunals.

Because of these factors, the role and importance of the Administrative Tribunals have grown in recent times. One of the most potent reasons for the origin and development of these tribunals has been their practical utility. Also, the inherent limitation of the ordinary courts and the rise of administrative welfare States have basically led to the rise and growth of the Administrative Tribunals.