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ANALYTICAL INTERPRETATION OF QUASI LEGISLATIVE & QUASI JUDICIAL BODIES: A NEW SCOPE OF MODERN RULE OF LAW
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ANALYTICAL INTERPRETATION OF QUASI LEGISLATIVE & QUASI JUDICIAL
BODIES: A NEW SCOPE OF MODERN RULE OF LAW
AUTHORED BY - ABHISHEK KARAN[1]
& DR. RAJIV KUMAR BHARTIYA[2]
ABSTRACT
The Indian Government is having three
main organs to perform their respective legislative, executive and judicial
operations in form of Legislature, Executive and Judiciary but these three main
pillars of the Indian Government sometimes unable to dispense with true and
fair decisions or there having the lots of complexities in order to decide or
make law by the legislature and the judiciary, so in that case the parent
authority needs a technical department to prevent these absurdities and thus,
they authorized the technical departments in dual form i.e. Quasi-Legislative
Body being the first and Quasi-Judicial Body being the subsequent
administrative bodies who are undoubtedly being regulated and supervised by
their respective parent authority in form of Legislature and Judicial Body of
India. They being formulated just in order to provide efficacies and
effectiveness in the due process and due deliverance of fair law. In cases when
it becomes impossible for the legislature to make laws, then in such cases the
sister authority in form of Quasi Legislative Bodies have the power conferred
by their parent authority to make law and to frame some by-laws, rules,
notifications, etc. Under this Research Article the author intends to
highlights and mentions about the powers and control of both the administrative
bodies in forms of Quasi-Legislative and Quasi-Judicial Bodies, their meaning
and core features and along with that the different case laws pertaining to
both these administrative bodies.
KEYWORDS: (Quasi-Legislative Body,
Quasi-Judicial Body, Efficacy, Indian Government, Courts.)
INTRODUCTION
AS IN TERMS OF NEED OF THESE BODIES NAMELY QUASI-LEGISLATIVE AND QUASI-JUDICIAL
BODIES
In short if we conclude the prime
rationale behind the formulation of the Quasi-Legislative
and the Quasi-Judicial Body is
nothing but an administrative structure to provide less complexities in law and
to reframe the law or to interpret the laws in its best and efficient manner as
what exactly the Tribunals in
form of Quasi-Judicial Body
does Per se. As Indian
Government is having contained the three main bodies namely the Legislature, Executive and the Judiciary
and they being the independent body Ipso
Facto, but the truth is being the opposite as on one side the Legislature is the law making
authority in our country but if we see in practicality this particular body has
only conferred the powers and control to the Quasi-Legislative Body to make laws in cases of emergencies, or
when the house is being dissolved, or in other grave situations and similarly
in case of Judiciary as
established under our Indian
Subcontinent, we have High
Courts in each State and
the Apex Court in our country
i.e. the Hon’ble Supreme Court of
India which administers the justice but in some cases the Court’s powers are being thoroughly
exercised by the Tribunals who
have the similar powers of the Courts to
administer the justice to the needy though the parent authority under this case
even goes to the hand of Judiciary
itself but we may see the dilution of powers being conferred to these
administrative bodies just in order to make law non-robust and flexible held in
the case namely Jayantilal Amritlal
Shodhan v. F.N. Rana[3].
The most important legal point which
these abovementioned bodies have to keep in their mind is that they have to act
within the ambit of Natural Justice
as they have to be highly proportionate within the compliance of the common law
of the country and at any cost, they shall not be supposed to elope the legal
compliances of the Natural Justice
and have to be Intra-Vires[4].
THE CONCEPT OF QUASI-JUDICIAL BODY ALONG WITH THEIR RESPECTIVE POWERS
AND CONTROL: A NEED TOWARDS MODERN RULE OF LAW
The term quasi connotes ‘not exactly’ as by the name it
suggests its prime and authentic meaning i.e., it is the not being the absolute
Judicial Body but in real it
has been construed as a Quasi-Judicial
Body who have got the compliance, authority[5],
control and power being conferred by the parent authority i.e., the Judiciary of Indian Subcontinent held
in the case namely Province of Bombay v. Khushaldas S. Advani[6].
In short, the Quasi-Judicial Body acts in between the judicial function and an
administrative function. Basically, what does this Quasi-Judicial Body do or performs is as same as what the
Judiciary does i.e., an effective administration of justice to the needy ones
in our Indian Society but the
thinner line difference is being in its nature of operations i.e. they are
within the active supervision of the Indian
Judiciary and Judiciary maintains
the checks and balances over them so that any discrepancies shall not be take
place on the unfair and unjust conduct of the Quasi-Judicial Body at large.
The Quasi-Judicial Body exercises the following powers and functions
under the following heads, and they are as mentioned below:
Ø
Under
the heads as Presentation of the
Case:
The Quasi-Judicial Body as though being
authorised by the administrative departments to exercise the judicial functions
as like the Indian Judiciary
does or performs but there is still the difference between these two bodies
i.e. the Judiciary and the Quasi-Judicial Body, like in former
case the presentation of the case i.e. in normal courts are mandatory for the
parties but in the latter case i.e. under the Quasi-Judicial Body the oral presentation of the case is
immaterial so it becomes clear that the ambit of power of Judiciary if we compare it with the Quasi-Judicial Body is quite low.
Ø With the active administration of
justice, the Quasi-Judicial Body
along with its effective facilitation of justice have a positive framework and
parallel consonance with the Tribunals in India whose main task is to ensure
the effective administration of justice to the needy.
Ø The Quasi-Judicial Body makes out the disciplinary proceedings
against the students at large if they commit any sort of unreasonable acts
which are against the ethical code of conduct or against the common law of the
country.
Ø The Quasi-Judicial Body reserves the Right to Dismiss an employee of any organisation if they grossly
commit any misconduct on their respective part.
Ø The Quasi-Judicial Body is having the sole right as construed by the
administration to disqualify the Members
of the Parliament or the Members of the Legislative Assembly.
Ø This body also ensures the true
determination of the Citizenship
of any person living within the Territory
of India.
THE QUASI-JUDICIAL BODY: CORE FEATURES AS TO ENSURE THE EFFECTIVE
MODERN RULE OF LAW
In the case namely Union of India v. Indo-Afghan Agencies[7],
the Court held that even the administrative structure in form of Quasi-Judicial
Body can have the power to enforce its respective orders if once given in some
Tribunals, and thereby the parties have to follow that order, and if a person
by having a non-compliance to that order violates the right of the aggrieved
and that too in a substantial loss or substantial violations of an aggrieved
party then the Tribunal or the Quasi-Judicial Body can take a strict action
against that offender. The following below are the characteristics or the core
effective features of the Quasi-Judicial Body, and they are as follows:
Ø The Quasi-Judicial Body is formed by the administrative actions and
thereby the Quasi-Judicial Body
exercises its operations in form of having the active ambit of Tribunals in order to administer the
justice to the common masses of the society.
Ø The Administration Tribunal in consonance with its Quasi-Judicial aspect acts in a
judicial manner but has to be within the ambit of Natural Justice i.e. precisely has to abide by the principles of
Natural Justice.
Ø An Administrative Tribunal by having the effect of the Quasi-Judicial operations activates
its work and nature of operations in almost every State as it is being created
by the statute and has vested its entire operations in the Judicial power of the State or in other words, we can
connote that the administration has conveyed the judicial powers to the Quasi-Judicial Body for the overall
administration of justice and in this way, it performs the Quasi-Judicial functions of the Indian Judiciary.
MEANING AND LEGAL CONCEPT OF QUASI-
LEGISLATIVE BODY
The literal depiction or the meaning
of the Quasi-Legislative Body
is the law-making authority when being delegated to the administrative
authorities or to the executives to make laws or conferred the right to make
law as being further supervised by the parent authority i.e. the Legislature Ipso Facto. In other words, this Quasi-Legislative Body is also known as by the name of Subordinate Legislation. Basically,
the powers and rights which are being conferred by the Legislature to the Administrative
Executives in form of Quasi-Legislative
Body is not being absolute in nature but it is subject to certain
limitations in relation to Principle
of Natural Justice and Doctrine
of Intra Vires.
In the case namely Chief Settlement Commercial v. Om Prakash[8],
the Hon’ble Supreme Court interpreted and stated that the parent authority
shall always play an absolute role in regulating and making of law i.e., the
Legislature and irrespective of the legislative powers being delegated to the
executives in form of Quasi-Legislative Body it must act within the ambit of
certain limits and legal compliances being set for them. The Quasi-Legislative
Body exercises certain powers and functions, as they are mentioned below:
Ø The Quasi-Legislative Body has been the indispensable need in
today’s modern rule of law to provide the due process of law and to ensure fair
justice to the needy ones in our society.
Ø Sometimes the making of law is not
that easy to perform by the legislatures because it needs the high time
technicality for the making or framing of laws, thereby the Quasi-Legislative
Body ensures the Techno-Efficacy
laws being successfully implemented in the society and moreover as per the need
of the society the law has to be change since from the early times which is
effectively and efficiently being performed by the Quasi-Legislative Authorities and in this way it exercises the
wide power in compare to the Legislature.
Ø This body exercises the due power to
facilitate the flexibilities in law as for the Legislature it is a herculean-task to frame laws or to make laws
in times of any contingencies or other unforeseen situations.
Ø This body is having the power
conferred by the Legislature
that in times during any emergencies being occurred in our country, this body
can frame and make laws or in other words we can say with the effective and
expedient aid of the Delegated Legislation
the making of law becomes an easy task.
ROLE OF INDIAN JUDICIARY IN AN EFFECTIVE FACILITATION OF DUE PROCESS OF
LAW OR ENSURING MODERN RULE OF LAW
In the case namely Avinder Singh v. State of Punjab[9],
the Court held that without having the presence and due facilitation of
efficacies in law performed by the Quasi-Legislative
Body, the legislative intent shall be futile and incomplete.
In the case namely Sukhdev Singh v. Bhagatram Sardar Singh
Raghuvanshi[10],
the Court has interpreted the indispensable need of the Delegated Legislation in form of the operations being performed
under the head of Quasi-Legislative
Body as the true aspect and genuine structure of making law and to
ensure flexibility and non-rigidity in law.
In the case namely Sita Ram Bishambhar Dayal v. State of U.P.[11],
the Court held that without having the effective emancipation and establishment
of the Quasi-Legislative Body the modern rule of law shall not
be accomplished on the part of the Indian
Government, thereby it is being reasonably suggested to conferred more
and more powers and controls to the administrative authorities or an executives
with a reasonable check and balance of the parent authority i.e. the Legislature.
In the case namely Ajay Kumar Banerjee v. Union of India[12],
the Court held that for achieving the heights of the Modern Welfare State, there shall be the high need for the
legislature to conferred more and more powers or in short the practice of
empowering the executive to make subordinate legislation within the prescribed
sphere or limits set by the Legislature.
In the case namely Durga Shankar Mehta v. Raghuraj Singh[13],
the Hon’ble Supreme Court has
interpreted the meaning of Tribunal in
its wide form as they said that Tribunal
as under Article 136 of the
Indian Constitution the meaning and interpretation of the Tribunal is not as same as the
meaning of the Court but the Tribunal is vested with some judicial
control and it also contains the adjudicating bodies or the authorities who can
adjudicate the matters same as how the Court in our Indian Judicial System actually does, but the Tribunals are the part of the Quasi-Judicial Body, so there shall
be the check and balances be kept over the activities of the Tribunal by the Pure Judicial Authority in form of
their Parent-Authority.
CONCLUSION
Delegated
or Subordinate Legislation implies effective facilitation of Rule
of Law made under the experts of an individual of the Act of Parliament. Despite the way
that law-making is inside the limit of the law-making body i.e. the Legislature, it may, by a goal,
delegate its ability to various bodies or individuals. The goals which
delegates such force is known as the Enabling
Act. By Enabling Act,
the committee sets out the wide standards and an expeditious facilitation of
modern Rule of Law. Every
mandate of law is being formulated for some specific purpose which solves out
the core issues of the Government, similarly the rationale behind the effective
formation of the Delegated Legislation and the Quasi-Judicial Authority/ Body
is to ensure and provide the greatest efficacies in law and also to make law
flexible and non-rigid. Undoubtedly, these abovementioned bodies are very much
efficient as they solve the complexities of the existing laws which have been
formulated by making out the feasible and genuine amendments to it in order to
make our country a Sound Welfare State.
The concept of Delegated Legislation
has enriched under so many sub-heads which indirectly facilitates in making up
of positive frameworks for the welfare structure of our country. The most
important core feature of this principle known as Delegated Legislation has its practical reflection in ensuring
the socio-economic needs of the country which becomes possible as when the
legislature delegates its law-making power to the administration or an
executive.
As far the Subordinate Legislations are being concerned, they are easy to
amend, modify, and much importantly they are up to the mark as per the needs of
the civilians living in our Indian Society on a high mass.
REFERENCES
1.
Jayantilal Amritlal Shodhan v. F.N. Rana,
AIR 1964 SC 648, 655.
2.
Report of the Committee on Minister’s
Powers (1932) CMD 4060.
3.
Province of Bombay v. Khushaldas S.
Advani, AIR 1950 SC 222.
4.
Union of India v. Indo-Afghan Agencies,
AIR 1968 SC 718.
5.
Chief Settlement Commercial v. Om Prakash,
AIR 1969 SC 33.
6.
Avinder Singh v. State of Punjab, (1979) I
SCC 137.
7.
Sukhdev Singh v. Bhagatram Sardar Singh
Raghuvanshi, (1975) I SCC 421.
8.
Sita Ram Bishambhar Dayal v. State of U.P,
(1972) 4 SCC 485.
9.
Ajay Kumar Banerjee v. Union of India,
(1984) 3 SCC 127.
10. Durga
Shankar Mehta v. Raghuraj Singh, AIR 1954 SC 520.
[1]Student of L.L.M., ICFAI Law
School, ICFAI University, Dehradun.
[3]AIR 1964 SC 648, 655.
[4]Ibid.
[7]AIR 1968 SC
718.
Article Information
ANALYTICAL INTERPRETATION OF QUASI LEGISLATIVE & QUASI JUDICIAL BODIES: A NEW SCOPE OF MODERN RULE OF LAW
Authors: ABHISHEK KARAN, DR. RAJIV KUMAR BHARTIYA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/11/18
- Issue 7
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International Journal for Legal Research and Analysis
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