- Prelims: Supreme Court, quasi-judicial bodies, CPC, IPC etc
- Mains GS Paper I and II: Structure, organization and functioning of judiciary, Statutory, regulatory and various quasi-judicial bodies etc
ARTICLE HIGHLIGHTS
- Quasi-judicial agencies are not discussed in conversations on the pendency of cases.
- They can act as an important cushion in the early disposal of cases and reduce the burden of the judiciary.
INSIGHTS ON THE ISSUE
Context
Quasi-Judicial bodies:
- A quasi-judicial body is “an organ of Government other than a Court or Legislature, which affects the rights of private parties either through adjudication or rulemaking”.
- It is not mandatory that a Quasi-Judicial Body has to necessarily be an organization resembling a Court of Law.
- For example: the Election Commission of India is also a Quasi-Judicial Body but does not have its core functions as a Court of Law.
- Some examples of Quasi-Judicial Bodies in India:
- Election Commission of India
- National Green Tribunal
- Central Information Commission (CIC)
- Lok Adalat
How do they function?
- Generally handled by the revenue authorities and largely relate to land, tenancy, excise, arms, mining, or preventive functions under the Criminal Procedure Code.
- Presence of hierarchy: judicial procedures like appeal and revision can be made to superior authorities.
- Decisions of superior courts are binding: especially that of the highest forum.
- The procedures for handling these cases have been laid out in the Civil Procedure Code.
Importance of functioning of quasi-judicial bodies:
- failure to administer speedy justice: It leads to harassment of citizens, besides encouraging criminal activity.
Issues with quasi-judicial bodies:
- Understaffed: Many of these offices are understaffed.
- Their engagement with duties: such as law and order, protocol, coordination and other administrative functions leaves them with much less time for court work.
- Access to court clerks and record keepers is limited.
- Computers and video recorders are not available in many of these courts.
- Except in some states such as Maharashtra, Madhya Pradesh and
- Presiding officers lack proper knowledge of law and procedures.
- Lack of adequate supervision and ownership by the administrative and political leadership.
- Data on the level of pendency or the speed of disposal is not compiled in many states.
How can we improve Quasi Judicial bodies?
- Detailed data on the functioning of these agencies must be collected and published from time to time(at least annually).
- These should be laid before the concerned legislatures.
- If the pendency exceeds a certain threshold: additional officials should be posted to exclusively handle judicial functions.
- An electronic platform should be established to handle all ancillary work related to the administration of justice, such as filing of complaints, issue of summons etc.
- It will establish a sound basis for analyzing the functioning of these bodies and facilitate the publication of statistics.
- Annual inspections of the subordinate courts should be made mandatory.
- This should be an important indicator for assessment by the superior authority.
- Interdisciplinary research on the functioning of these courts should be encouraged.
- This would identify the areas of improvement such as legal reforms or issue of clear guidelines.
- Regular training and orientation of the adjudicating authorities should be taken up from time to time.
- State index of performance of quasi-judicial courts be made and published.
- Will increase attention of the states to their performance in comparison to others and help them identify areas of weakness.
- Important decisions, guidelines and directions could be compiled and published on the portal of the apex adjudicating forum such as the Board of Revenue.
- These would be helpful to lower-level agencies.
- More rigorous induction training of officials handling judicial work would help.
- The importance of judicial work should be instilled among the trainees and the skill and confidence in handling them should be developed.
Way Forward
- Inclusive steps: A multi-pronged action plan inclusive of legal, governance and HR reforms is required to move ahead.
- Efficient functioning: The government should make the efficient functioning of these agencies a priority and clearly articulate its position on the issue.
- Procedural reforms such as minimizing adjournments, mandatory filing of written arguments and other such reforms proposed by bodies like the Law Commission for reform of the Civil Procedure Code should be adopted by adjudicating bodies.
QUESTION FOR PRACTICE
Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.(UPSC 2022) (200 WORDS, 10 MARKS)
