Executive Transgressing into Judiciary – A Boom or Bane?

Executive Transgressing into Judiciary
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In past many years, every new central or state legislation has either created a Tribunal and an appellate tribunal or have vested the powers of adjudication with the Executive i.e the District Magistrate or his subordinates in office, the said arrangement of conferring adjudicatory powers upon the Executive on the purported reasoning that the Executive authority is speedier and the cases gets resolved in a swift and speedy manner thus making them Quasi-judicial authorities. 

Executive Transgressing into Judiciary as a Concept

The whole concept of conferring adjudicatory powers upon Executive raises more questions than solving the problem. Firstly, they are not trained legal minds who can seriously understand or read the Law. Secondly, the administrative work pressure upon them is so huge that most of the times they are away from adjudicating disputes but on administrative duties. The litigants are not benefited but troubled by the delays caused in such an exercise. 

Recently, in the State of UP, the Earlier Rent Control Act, Uttar Pradesh Urban Buildings (Regulation of Letting and Eviction) Act, 1972 has been repealed and a new UP Regulations of Urban Premises Tenancy Act, 2021 has been enacted. 

In the 1972 Act, the adjudicatory authority i.e Presiding Officer was Judge, Small Cause Courts (the highest ranked civil judge in the district), however, in the new Act, the adjudicatory Authority is Additional District Magistrate. The conundrum and the fallacy of the new Act with the old Act is writ large. In matters related to tenancy and sub-letting, a judicially trained mind is obviously better equipped to deal with such matters, whereas burdening the Executive with thousands of matters with limited time is a blunder, the consequences of which will be realized in due course of time. 

The idea of taking away the jurisdiction from civil courts and creating new tribunals or with executive is inherently flawed. The High Courts and District Courts should be strengthened and not demoralised in such a manner. 

All the previous governments have undermined and downplayed the District Courts, undoubtedly they are over-burdened but demoralising them by snatching their pride by taking away jurisdictions in matters like the prestigious Rent Control Act will have a disastrous effect. 

It creates more problems than solving the nuisance of docket explosion. 

The government of the day should realize that the District Courts are at the heart and soul of our judicial system and they should be strengthened by improving the quality of judges, providing them better infrastructure and properly manned staff, creating tribunals or conferring powers on the Executive casts a doubt on our district courts and the advocates practicing therein. 

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About Sanchit Garg 12 Articles
The writer is an Advocate regularly practicing in Supreme Court of India and Delhi High Court on civil, criminal and constitutional side.