The transfer of judicial powers to quasi-judicial bodies has raised concerns regarding the creation of a parallel justice delivery system through tribunalization of justice. In this perspective, examine the benefits and drawbacks of empowering quasi-judicial bodies with judicial powers.
Introduction
Quasi-judicial bodies are those which either through adjudication or rule making can help in preserving rights to citizens. Just they are neither legislature nor courts. Example: Tribunals, SEBI, CIC etc.
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Main Body
BENEFITS OF QUASI-JUDICIAL BODIES: i Relief to courts: These bodies can effectively take up cases of private parties and reduce the number of cases reaching courts which is already overburdened. ii Speedy trial and justice: Quasi-judicial bodies ensures speedy access to justice (part of right to life). iii Flexible rules: Flexible rules simplify the adjudication process. iv Experts opinion: Quasi-judicial bodies contain experts of different domains which ensures effective justice. v Protects rights of citizens and check corruption thereby improving the overall development of country. DRAWBACKS OF QUASI-JUDICIAL BODIES: i Dependency on government funds salaries: Transparent executive interference. ii Tribunals like NGT bypasses high court which undermines judiciary. iii Executive interference can pose huge loss. Example: Ban of Time and cost decisions on projects because of NGT. iv Vacancies in tribunals, quasi-judicial bodies issue inefficiency. Conclusion: Quasi-judicial bodies can prove to be helpful in providing justice if they are made independent of executive and an effective check and balance is maintained in its powers.
NANCY SINGH
Separation of Powers and Dispute Redressal Mechanisms
Dispute Redressal Mechanisms
Quasi-judicial bodies
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