1) Critically comment on the nature of tribunals, their composition and their relationship with the executive and judiciary.
The importance of tribunals lies in the vey fact that their functioning lie in accordance to the broader principles of the law of the land.
1.TYPES OF TRIBUNALS:There are various tribunals like military tribunal, arbitration tribunals(Reliance case),statutory tribunals(NGT),personal law tribunals,central administrative tribunals,international tribunals depending upon the functions they carry.
2.And depending upon the function they carry lies the powers,composition ,tenure of the same .
3.FUNCTIONING:Generally the tribunals(CAT) does not function according to the CRPC,1908.Instead their functioning is determined by Principles of natural justice.
5.COMPOSITION:the composition of the tribunal lies w.r.t. the function it is going to carry,generally,the members of executive,judiciary,and eminent persons are invited for the tribunal
6.JURISDICTION:The jurisdiction of the tribunals are,similarly ,provided with the formation of the tribunal (like a statutory tribnal will follow the jurisdictn of the statute,an international tribunal will follow the consented jurisdiction).Supreme court of india has clarified in chandrakumar case that the verdict of the tribunals are subject to the judicial review ,While the military tribunals cant be interfered with.
Tribunals provide an executive dimension to the verdict such that the presiding person knows the problems faced by the executive.The settlement mechanisms needs a kick start in india as the arbitration rates are very low and the delay in the judgement process of the conventional judiciary is very high ……..
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2) “To build an inclusive society, the police needs an urgent overhaul and wide reform.” Critically comment.
Traditional Political thinkers have recognised police as the manifestation for and of power of the state(like Hegel).But with changes in the society,economy and the civilisation at large the role of policing has been changing.In colonial times ,in india,the training,job prospects,goals of the establishment have been different than today.
following are the problems associated with modern policing
2.poor infrastructure .
3.least technology incorporations.
5.insensitivity of society towards police.
6.less economic allocation(law and order as the state subject).
8.isolated training (no research and development in training).
10.insecurity of tenure.
The problems associated can only be overcome when a work culture of good governance can be established in a urgent way with a targetted approach to all the problems associated for the development of an inclusive society.
The judgement of supreme court is paving the way for police reforms ,but the torch must be held by the legislatures.
1) “India’s silence on critical global issues fits poorly with its global aspirations.” Critically comment.
The country which was a leader in the development of knoweldge in ancient period has begun to be just a follower of values of other countries.The following are the instances where india could prove its credentials by firming on its opinion but could not do:
1.Sri lanka-UNGA resolution
2. Israel-palestine issue
3.Bangladesh’s political turmoil
6.Iraq invasion of U.S
7.Iran + P5+1 dialogue
8.somalian crisis(al shabab )
9.Climate change Agreement
1. UNSC Reforms,Expansion,seat at UNSC
2.Member of Nuclear suppliers group
3.Voting rights at International monetary fund,world bank
4.Governance Reforms at Int’l Financial Institutions
5.Becomming the leader of developing nations
6.Equal say at WTO .
While there are many instances where india can be seen to be lagging while following up on its aspirations but the constraints( such as economic fudamentals,bilateral-internal politics,technology backlog) has to be overcome .