In the legal context, quasi-judicial usually refers to functions that resemble the functions of a court of law, but are not undertaken by actual judges. Here, the high authority dictates and lower authority carries out. It is concerned with the treatment of a particular situation and is devoid of generality. Administrative action is the residuary action which is neither legislative nor judicial. Generally an authority is described as quasi-Judicial when it has some attributes or trappings of judicial functions but not all. (3) Subordinate Legislation-meaning & scope. Their powers are usually limited to a very specific area of expertise and authority, such as land use and There are some key differences between judicial and quasi-judicial bodies, in that: However, in decisions the Supreme Court held that exclusive instructions can supplement a statute or cover areas to which the statute does not extend. It is an entity such as an arbitrator or tribunal board, generally of a public administrative agency, which has powers and procedures resembling those of a court of law or judge, and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action.
In such cases the authority will be regarded as acting in quasi-judicial manner.”(ii) Quasi-lis: Lis decided not between two or more parties but between itself & another party. 1958 S.C. 398; Gullapalli … That is, defining administrative action as the function of administrative power and to classify it level by level. Today the executive performs variegated functions, viz. 3. Quasi-judicial is defined as an action by an administrative agency which[i]; ascertains certain facts, hold hearings, weigh evidence, make conclusions from the facts as a basis for their official action, and; exercises discretion of a judicial nature.
Nagendranath Bora v. Commissioner of Hills Division, A.I.R. are strictly followed.
(4) Can take decision in exercise of statutory powers or in the absence of statutory provisions. It is necessary not only for individualization of the administrative power but also because it is humanly impossible to lay down a rule for every conceivable eventuality in the complex art of modern government. The Regulatory Flexibility Act (RFA) of 1980 is a law designed to make government agencies review all regulations that the… The Freedom of Information Act (FOIA) (5U.S.C.A. The Court observed that the dividing line between an administrative power and quasi-judiciai power is quite thin and being gradually obliterated. Quasi-judicial action by an administrative agency may be appealed to a court of law. An administrative agency is a body of government created by a legislature and charged with supervision and regulation of a particular area of governmental concern. Moreover, from the perspectives of drawing Administrative Procedural Act and gathering statistics of administrative acts, it’s also necessary to define administrative action as the function of administrative power and to classify it level by level.Administrative law is the law governing the Executive, to regulate its functioning and protect the common citizenry from any abuse of power exercised by the Executive or any of its instrumentalities. Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. The evidence shall be taken on oath. Electricity Commissioners, (1924) 1 KB 171, it was held that any legal body, that has authority to affect rights of the parties and has an obligation to act wisely and judicially by making an enquiry of some kind, could be termed as a Quasi-Judicial Body and any such act done by that body is a Quasi-Judicial Act. Following characteristics are inherent in Administrative functions: (1) Administrative order generally based on Govt. (2) In administrative decision – no legal obligation to adopt judicial approach—decision—subjective. Griffith and Street – Stated that quasi judicial function stands midway between judicial function & Adm. Function. Thus, where an authority makes an order dismissing employee, canceling admission to student refusing unfair means, rusticating students, such decisions are extra judicial in nature.Pure administrative function can be divided into three categories:The problem of administrative discretion is complex. Legislative Act is the creation & promulgation of a general rule of conduct without reference to particular conduct while administrative act is the application of a general rule to a particular case.
A quasi-judicial action is when the facts of a particular situation are applied to the policy (ordinance). Decisions of a court of law are judicial in nature, though in certain matters the judges may act executively. NEED FOR CLASSIFICATION. Quasi Judicial decision — is nearer to administrative decision in terms of discretionary element & nearer the judicial decision in terms of procedure & objectivity of its end product. They usually depend on a pre-determined set of guidelines or criteria to assess the nature and gravity of the permission or relief sought, or of the offense committed. (administrative); to make rules, regulations and bye-laws, to fix prices etc.
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