Day 37 – Q.1 With increased specialization in every sphere of economy, do you think it is necessary to establish quasi-judicial bodies under various ministries? Examine

With increased specialization in every sphere of economy, do you think it is necessary to establish quasi-judicial bodies under various ministries? Examine.

अर्थव्यवस्था के हर क्षेत्र में बढ़ती विशेषज्ञता के साथ, क्या आपको लगता है कि विभिन्न मंत्रालयों के तहत अर्ध-न्यायिक निकायों की स्थापना करना आवश्यक है? जांच करें।

Approach –

In this question candidates need to write their opinion about the need of establishing quasi judicial bodies under various ministries .

Introduction –

A quasi-judicial body is a body which has powers and procedures resembling those of a court of law or judge such as an arbitrator or tribunal board. With increasing specialization in economy There is need to establish more quasi judicial bodies under ministries .

Body – 

• A quasi-judicial body is an entity such as an arbitrator or tribunal board which has powers and procedures resembling those of a court of law or judge.
• It is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action.
• Their powers are usually limited to a very specific area of expertise and authority, such as land use and zoning, financial markets, public standards etc. National Human Rights Commission, National Commission for Women, National Commission for Minorities, etc. are examples of quasi-judicial bodies.
• They primarily oversee the administrative zones. The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative agencies.
• These bodies support to lessen the burden of the courts. Quasi-judicial activity is restricted to the issues that concern the particular administrative agency. Quasi-judicial action may be appealed to a court of law.
• These organizations generally have authorities of settlement in matters like breach of discipline, conduct rules, and trust in the matters of money or otherwise.
• Their powers are usually limited to a particular area of expertise, such as financial markets, employment laws, public standards, immigration, or regulation.
• Awards and judgement of quasi-judicial bodies often depend on a per-determined set of rules or punishment depending on the nature and gravity of the offence committed.
• Such punishment may be legally enforceable under the law of a country it can be challenged in a court of law which is the final vital authority.

Need to establish  Quasi-Judicial Bodies under various ministries –

• As the welfare state has grown up in size and functions, more and more litigation are pending in the judiciary, making it over-burdened. It requires having an alternative justice system.
• Ordinary judiciary has become dilatory and costly.
• With scientific and economic development, laws have become more complex, demanding more technical knowledge about specific sectors.
• The conventional judiciary is suffering from procedural rigidity, which delays the justice.
• Further, a bulk of decisions, which affect a private individual come not from courts, but from administrative agencies exercising ad judicatory powers.
• The Quasi-judicial bodies are popular these days, owing to their positive impact. The advantages of quasi-judicial bodies are as follows:
• Cost-effective: tribunals are cost-effective in comparison to the conventional judicial processes. The cost-friendly nature of the tribunals encourages people to seek justice and redress their grievances.
• Hassle-free: the tribunals do not require lengthy or complex procedures for submitting of applications. These bodies are accessible, free from technicalities and they proceed more rapidly and efficiently under expert supervision.
• Sharing of workload: The tribunals by taking up many cases reduce the workload of the judiciary. For example, the National Green Tribunal adjudicated on matters concerning the environment and pollution.
• Speedy justice: they are more efficient and provide speedy redressal of grievances.
• Expert knowledge: A tribunal consists of experienced and knowledgeable individuals who easily understand the technicalities of the case brought before them thereby providing the right solution to the problem.

Conclusion-

Quasi-judicial body is a good concept as it reduces the burden on Judiciary but there are some loopholes there in this system also. Govt should choose individuals with both technical and legal knowledge and providing them with power to take decisions will be a booster to this organ of Government.