Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Arbitration, Tribunal Adjudication and Alternate Dispute resolution

Question:

Match List-I with List-II.

List – I 

List – II 

A. Administrative Tribunals

I. Inquisitorial system

B. Representative

II. Article 323A and Article 323 B

C. Active role of Judge in investigation

III. Non-adversarial techniques of adjudication

D. Alternative Dispute Resolution Techniques 

IV. Ombudsman

Choose the correct answer from the options given below:

Options:

A-III, B-II, C-I, D-IV

A-II, B-IV, C-I, D-III

A-IV, B-II, C-III, D-I

A-III, B-IV, C-I, D-II

Correct Answer:

A-II, B-IV, C-I, D-III

Explanation:

An indigenous Swedish, Danish and Norwegian term, Ombudsman is etymologically rooted in the word umboêsmaêr, essentially meaning "representative".

Courts in India follow the adversarial system of adjudication as opposed to the inquisitorial model followed in several civil law countries. In an adversarial model, the role of lawyers representing the party becomes vital. Lawyers of the opposing parties present their cases before a neutral judge who in turn provides a decision based on the merits of the case, as presented by the lawyers. In the inquisitorial system of law, on the other hand, judges are more pro-active in adjudicating the matter. Rather than acting as neutral judges, they have rights to inquire and probe into the matter, much like a police. Here the role of lawyers representing the party and the role of judge cumulatively becomes important in determining the manner in which a civil case or criminal trial proceeds.

The 42 Amendment Act, 1976 added Articles 323-A and 323-B to the Constitution of India. These articles empower the Parliament to set up tribunals for adjudication of specialised disputes.

Alternative Dispute Resolution (ADR) system refers to the use of non-adversarial techniques of adjudication of legal disputes.