JUDICIAL REDRESSAL SYSTEM IN VARIOUS LEGAL SYSTEMS

A research proposal submitted in partial fulfilment for the course Administrative Law
for attaining the degree B.A., LL.B.(Hons.)

A Proposal made by Shubham

Roll-1764
B.A., LL.B.(Hons.)

A Proposal submitted to DR.FR.PETER LADISF

May, 2020

Chanakya National Law University,

Nyaya nagar, Mithapur

Patna-800001
 INTRODUCTION
The independence of the country has brought many aspirations and expectations for the citizens.
India is the largest democracy in the world and for maintaining and strengthening such
democratic status, it is necessary that the rule of law be made to prevail.

The Preamble to the Constitution itself aims at securing social, economic and political justice for
all the citizens. The goal of justice is to be achieved through the instrument of law and therefore
Parliament and State Legislature have enacted the Laws, which aim at securing the broad
objectives of the State. Another important development after independence is that tremendous
increase in the delegated legislation, which includes laws, byelaws notifications etc. The level of
education of citizens has gradually increased and literacy rate in the country is 52%. The
education has brought more consciousness among the people about their rights and they look
forward -to the judicial system to enforce the remedies under the Law. In India at present there
are about 2500 Central Acts and the State Legislatures also have enacted substantial laws which
have vital influence on volume of litigation.

The rights to Constitutional remedies have been recognised as fundamental right. The
Constitution provides that the right to move that the Supreme Court by appropriate proceedings
for the enforcement of fundamental right is guaranteed. The Supreme Court has power to issue
directions or issue order or write including write in the nature of habeas corpus, mandamus, quo
warranto, prohibition, certiorari whichever may be appropriate for enforcement of any of the
aforesaid rights. The Parliament can by law empower any other court to exercise within its local
limits or any of powers exercisable by Supreme Court. This right can not be suspended except as
otherwise provided by the Constitution. Only fundamental rights can be enforced under this
article, writ cannot lie for enforcement of Government policies or directive principle. The
provision also does not cover the question of legislative competence of impugned law or vires of
a particular enactment.
OBJECTIVES OF THE STUDY:

The researcher aims to do a critical analysis on Evolution of judicial redressal system in India
and its current functioning with the help of analysis of case laws/acts.

HYPOTHESIS:
1. The Indian judicial redressal system strengthen by the evolution of tribunals in modern time.
2. Administrative adjudication is part and parcel of every democratic form of state.

RESEARCH QUESTIONS
1. What are the various phases of evolution of judicial redressal system?
2. What are the differences and similarities between Vedic and Modern Indian judicial
redressal system?
3. How is judicial redressal system of India different from that of America?
4. What are the drawbacks of present day judicial redressal system in India?

RESEARCH METHODOLOGY:
The researcher will be relying on Doctrinal method of research to complete the project. These
involve various primary and secondary sources of literature and insights.

SOURCES OF DATA
PRIMARY SOURCES

 CASE LAWS
 CONSTITUTION OF INDIA

SECONDARY SOURCES

 BLOGS AND ARTICLES/JOURNALS.

 BOOKS
 CASE COMMENATRIES
TENTATIVE CHAPTERISATION
1) EVOLUTION OF JUDICIAL SYSTEM IN INDIA

2) INDIAN JUDICIAL SYSTEM AND COMPARATIVE STUDY WITH OTHER

LEGALSYSTEMS

3) ADMINISTRATIVE ADJUDICATION : AN ANALYSIS.

4) CRITICAL EVOLUTION OF FUNCTIONING OF ADMINISTRATIVE

ADJUDICATION SYSTEM INDIA

5) CONCLUSION AND SUGGESTIONS

6) BIBLIOGRAPHY

BOOKS:

 Jain MP, Indian Constitutional Law, 5th Edn., Wadhwa Nagpur Publications, 2004
(reprint)
 Jain, M.P. & Jain, S.N.; (2007) Principles of Administrative Law, 6th Ed., Vol. II,
Wadhwa Nagpur
 Massey I.P. (2008), “Administrative Law”, Eastern Book Company, 7th Edition
 Takwani C.K. (2007), Lectures on Administrative Law, Eastern Book Company,
Lucknow