QUASI  JUDICIAL  AUTHORITY

This article is written by Amanpreet Singh,BA. LLB 2 nd. Year,Fairfield Institute of Management and Technology during his internship.

Abstract

This paper attempts to define Quasi judicial authority in  details by giving case laws by giving characteristics by means of differentiations with judicial bodies and by explaining features such as specific purpose , expertise , flexibility and autonomy etc. By explaining in brief advantages such as low cost , reduction of workload, expert knowledge , simplicity and problems such as fake cases,Burden, funding etc

Key Words: charactistics, Autonomy , differentiations

INTRODUCTION

Quasi Judicial Authority are bodies which are restricted to certain areas of expertise and have power resembling those of the judicial bodies.

Non judicial bodies are quasi judicial bodies which are having the powers of interpreting the law.They are entities such as tribunal board or arbitration panel which could be private law entity or contract or  can be public administration agency which have been given procedure and powers resembling those of a judge or court of law, and which are obliged to determine facts and as a result draw conclusions from them so that they could be provided with basis of an action

• The decision of these authorities are binding and having full power to decide any case which comes before them .To bring function of these authorities the word quasi is in itself enough

 CHARACTERISTICS

1. These authorities act partly as court,but they are not bound by strict procedures of court although they enjoy power of the court.
2. These authorities may contain an individual which act as a court or may consist of whole body.
3. The purpose of these is to reduce workload of ordinary courts they come with effective and efficient judgement as they deal with concern matters which effect the whole economy or matters which are highly significant to the society .
4. They deliver justice fast and acts as speedy trial mechanism as the judgement they passed are efficient and speedlier.
5. They are not bound by strict formalities of the court , though they act as a court . However, in trial of case they have same power as of ordinary courts.

Case Law – IN STUMP V. SPARKMAN

The Judge passed a decision on petition filed by girl’s mother regarded 15 year’s old girl tubal litigation surgery which she was told it was removal of appendix surgery .while later on when girl grew she knew the fact she sued the judge.US.  Supreme Court  in cases like these gave full immunity to judges because he was performing his duties and was acting with his jurisdiction.

How this immunity is not always given under law. The foundation of judge’s protection are maxims such as intra and outra vires if the decision is made which is outside their powers( outra) , the privilege is not granted but if it is inside their powers then privilege is always granted.

DIFF FROM  JUDICIAL BODIES

1. Strict judicial rules of procedures and evidence; need not to be followed by quasi judicial bodies.
2. Quasi judicial are based on existing law conclusions unlike judicial May create new laws in absence of precedent (common law)

     FEATURES

1. Specific  Purpose: They are generally created for purpose which is specific.For ex,
2. NRWDT- National River Water Dispute Tribunal has granted the power to award water between the disputing states.
3. Central Administrative Tribunal-  They are generally created to look into matter of civil servant service disputes.
4. Other Regulatory Bodies-  SEBI IRDA ETC are some various other quasi judicial bodies.  The   main function  is that there should be transparency in market economy.
5. Election Commission-It is constitutional body , whose main function is to supervise and control the elections. Judicial functions are also performed by them.
6. Expertise/- It is not mandatory these bodies are headed by judges and rather than could be headed by experts in the field of finance, law etc
7. Judicial Review
8. Public Awareness:For ex : NHRC Aid campaigns for LGBT and HIV patients
9. Autonomy: For ex: National commission for minorities can take impartial decision due to autonomy
10. Flexibility: of laws & procedures as compared to courts
11. These bodies improve administration efficiency.
12. They bodies does not follow strict rules and procedures of judiciary. They work on the principles of natural justice.

       ADVANTAGES

1. SIMPLICITY:Generally tribunals and other bodies do not follow lengthy procedures for submitting application or evidence.
2. Expert knowledge:Tribunal generally comprises of experts, who can with ease understanding technicalities of case,there consequences and actions involved.
3. Low Cost: In India majority of population hesitate to approach the court leading to failure of justice system. On the other hand, Tribunals are  generally  low cost which encourage people to seek redressal of their grievances.
4. Reduction of  workload:Tribunals generally reduce the workload of judiciary by taking specific matters. In a country where almost around 4 crore cases are pending it is necessary to take important steps which reduces the burden of judiciary.

       Problems

1. Fake Cases- However, lower costs of tribunal encourage people to fight for justice , on the other hand it encourage false & fake cases.
2. Burden- The concept of quasi judicial authorities and tribunal is still new country to the country they remain burdened with increasing number of cases and often remain understaffed , all this makes it difficult for them to perform their functions smoothly.Many a times decision given by tribunal is often challenged by the losing party in higher court which defies purpose of these authorities and tribunals
3. Funding- Public funding is not generally for tribunals which Amy be a disadvantage.

Therefore Quasi Judicial Authority is a good concept as it reduces the burden of judicial but there are certain loopholes in this case also.The govt should choose individuals with both legal and technical knowledge which helps them in taking decisions which will booster for this organ of the Govt.

 Conclusion

Quasi judicial authorities are an indispensible legal entity of the country as the give citizens there share of justice. It provides speedy justice and works efficiently and reducing the burden of the judiciary .However, the govt should regularly take constructive measures to reduce loopholes that exists in functioning of these bodies. So that these bodies are responsible to the needs of the individuals