Judicial Discipline: A matter of Principle for Quasi-Judicial Forums

Excise Law Times, (2015) Vol. 317 (March 2015)(pp. A59-A72).

14 Pages Posted: 15 Mar 2015

Date Written: March 9, 2015

Abstract

One of the three tenets of natural justice is that justice must not only be given but also seem to be given. The Supreme Court in its decision in Orxy Fisheries underscored the importance of this tenet in the context of quasi-judicial adjudication by authorities under fiscal enactments. However that decision is neither the first nor probably the last word on the subject. This is so for the importance of the subject at hand cannot be restated with much less vigour than its practical application.

Furthermore, the issue goes to the heart of quasi-judicial adjudication especially in the context of fiscal legislations wherein the officers manning the Department themselves determine the correctness of the view of the citizens and adjudge their culpability to penal provisions. This article makes an attempt to examine the available jurisprudence on the subject to highlight the pressing need for following the principle without any deviation.

Keywords: Judicial Discipline, Quasi-judicial adjudication

JEL Classification: H20, H29, K34

Suggested Citation

Jain, Tarun, Judicial Discipline: A matter of Principle for Quasi-Judicial Forums (March 9, 2015). Excise Law Times, (2015) Vol. 317 (March 2015)(pp. A59-A72)., Available at SSRN: https://ssrn.com/abstract=2539029

Tarun Jain (Contact Author)

Supreme Court of India ( email )

New Delhi
India

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