Creating an effective framework for Quasi-Judicial courts in India requires a thoughtful and comprehensive approach. First and foremost, the legislative and executive branches must collaborate to establish a clear legal foundation, defining the scope and jurisdiction of these courts. Adequate training for personnel involved in Quasi-Judicial proceedings is crucial, ensuring a nuanced understanding of the legal principles they will be applying. Transparency should be prioritized through the implementation of open hearings and accessible information channels. Furthermore, adopting modern technology can streamline processes, making the courts more efficient and accessible to the public. Periodic reviews and evaluations of the courts’ performance can help identify areas for improvement and ensure accountability. Establishing a robust system for alternative dispute resolution mechanisms can also alleviate the burden on Quasi-Judicial courts, promoting quicker and more cost-effective resolutions. Collaboration with legal experts and stakeholders in the design and implementation stages will enhance the legitimacy and acceptance of these courts. Finally, a public awareness campaign is essential to educate citizens about the role and functions of Quasi-Judicial courts, fostering trust and participation in the judicial process. By meticulously addressing these ten steps, India can pave the way for Quasi-Judicial courts that truly work for the people, upholding justice and fairness in the legal system.
Making the Quasi-Judicial Bodies Works
Exam View:
Prelims:
Quasi-judicial Bodies in India
Mains:
Quasi-judicial Bodies in India, Role of Quasi-Judicial Bodies & Measures for Better Operation
In News:
There is a class of quasi-judicial agencies that 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.
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: the Election Commission of India, the National Green Tribunal, the Central Information Commission (CIC), Lok Adalat, etc.
Functions of Quasi-Judicial Bodies:
Issues with quasi-judicial bodies:
- Understaffing of bodies: The maladies that these agencies suffer from are far graver than judicial set-ups, as they are staffed by revenue authorities who have several other functions.
- More administrative and less judicial work: Their engagement with duties such as law and order, protocol, coordination, and other administrative functions leaves them with much less time for court work.
- lack of proper knowledge of law and procedures: Several of the presiding officers lack proper knowledge of law and procedures, which has landed many civil servants in deep trouble in sensitive matters such as those related to arms licenses.
- Limited access to records: Their 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 Rajasthan.
- Lack of availability of data: Data on the level of pendency or the speed of disposal is not compiled in many states.
Quasi-judicial bodies form the substantial institutions of the judicial system. It is regularly side-lined when we talk about judicial reforms. If we could make our quasi-judicial bodies function properly and efficiently, it would reduce the burden on High courts and the Supreme Court.
A multi-pronged action plan inclusive of legal, governance, and Human Resource reforms is required to move ahead. 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:
Mains:
“The Central Administrative Tribunal which was established for redressal of grievances and complaints by or against central government employees, nowadays is exercising its powers as an independent judicial authority.” Explain. (2019)
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Frequently Asked Questions (FAQs)
1. What are Quasi-Judicial Courts, and how do they differ from traditional courts?
Quasi-judicial courts are specialized bodies that perform judicial functions but are distinct from regular courts. They have limited jurisdiction and are often tasked with specific issues. Unlike traditional courts, they operate outside the conventional judicial system and follow procedures tailored to their specialized areas.
2. Why is there a need for reform in the functioning of Quasi-Judicial Courts?
Quasi-judicial courts, though essential for addressing specific legal matters efficiently, often face challenges such as delays, lack of transparency, and procedural complexities. Reforms are crucial to streamline their processes, enhance accessibility, and ensure that they effectively serve the interests of the people.
3. What are the key steps proposed by the Indian Express to improve Quasi-Judicial Courts?
The Indian Express suggests a 10-step approach to enhance the effectiveness of Quasi-Judicial Courts. These steps include procedural simplification, digitization of records, training for personnel, and ensuring greater public participation. The goal is to make these courts more accessible, transparent, and responsive to the needs of the people.
4. How can digitization of records contribute to the efficiency of Quasi-Judicial Courts?
Digitization of records can significantly improve the efficiency of Quasi-Judicial Courts by reducing paperwork, streamlining document management, and enabling quicker access to information. This not only accelerates the judicial process but also enhances transparency and accountability in the system.
5. How does the proposed reform aim to ensure public participation in the functioning of Quasi-Judicial Courts?
The reform proposed by the Indian Express emphasizes the importance of public participation in decision-making processes. It suggests mechanisms such as public hearings, consultations, and feedback systems to involve the community in the functioning of Quasi-Judicial Courts, ensuring that the justice system is more responsive to the needs and concerns of the people.
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