Administrative Adjudication and Enforcement of Socio-Economic Rights

  • Shibanee Acharya,
  • Ashish Kumar Mishra and Omkar Acharya
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  • Shibanee Acharya

    Research Scholar at P.G Department of Law, Fakir Mohan University, Balasore, Odisha, India

  • Ashish Kumar Mishra

    Advocate at Odisha High Court, Odisha, India

  • Omkar Acharya

    Student at SOA National Institute of Law, SOA University, Bhubaneswar, Odisha, India

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Abstract

This paper examines the critical role of administrative adjudication in the enforcement of socio-economic rights. It explores how administrative bodies, through specialized tribunals, commissions, or other mechanisms, provide avenues for individuals to seek redress for violations of rights related to housing, healthcare, education, social security, and other basic necessities. The paper analyses the advantages and limitations of administrative adjudication compared to traditional judicial processes, focusing on accessibility, efficiency, expertise, and cost-effectiveness. It further investigates the key elements necessary for effective administrative enforcement, including the independence and impartiality of adjudicators, procedural fairness, adequate resources, and the enforceability of decisions. The paper will also analyse the balance between regulatory enforcement and the protection of individual rights, highlighting the evolving role of administrative agencies in contemporary governance. Understanding these procedural elements is crucial for ensuring that administrative adjudication serves its intended purpose of effective regulation while safeguarding due process and the rule of law. The paper also considers the challenges faced by administrative bodies in this context, such as political interference, capacity constraints, and lack of public awareness. By examining these issues, the paper aims to contribute to a better understanding of how administrative adjudication can be strengthened to effectively promote and protect socio-economic rights.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 1, Page 1689 - 1706

DOI: https://doij.org/10.10000/IJLMH.119049

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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