Statutory, regulatory and various quasi-judicial bodies

<<–2/”>a >h2>Statutory Bodies in India

Armed Forces Tribunal
Central Vigilance Commission
Commission for Air Quality Management
Competition Commission Of India
National Commission for Minorities
National Commission for Protection of Child Rights
National Commission for Women
National Green Tribunal
National Human Rights Commission
National Legal Services Authority
Securities & Exchange Board of India
Unique Identification Authority of India

Table of Contents

Toggle

Regulatory Bodies in India

Board of Control for Cricket in India
Bureau of Indian Standards
Competition Commission of India
Food Safety and Standards Authority of India
Insurance Regulatory & Development Authority of India
Medical Council of India
Pension Fund Regulatory & Development Authority
Reserve Bank of India
Telecom Regulatory Authority of India

Quasi-Judicial Bodies in India

Appellate Tribunal for Electricity
Central Information Commission
Customs, Excise and Service Tax Appellate Tribunal
Income tax Appellate Tribunal
National Consumer Disputes Redressal Commission
National Green Tribunal
National Human Rights Commission

ADMINISTRATIVE ADJUDICATION

Administrative adjudication is a name give to the administrative exercise of judicial functions. It is a name given to the various ways of deciding disputes outside the ordinary courts. Administrative adjudication is constitutional, though it is a negation of the principle of Separation of Powers. Administrative adjudication is the participation or involvement of the executive arm of government (administrative agencies) in judicial function. Through the instrumentality of administrative adjudication, administrative agencies can pass authoritative and appealable decisions.

Administrative adjudication in india

In India, administrative adjudication increased after independence and several welfare lawswere promulgated which vested the power on deciding various issues in the hands of theadministration. The modern Indian Republic was born a Welfare State and thus the burden onthe government to provide a host of welfare services to the people was immense. Thesequasi-judicial powers acquired by the administration led to a huge number of cases withrespect to the manner in which these administrative bodies arrived at their decisions.

Tribunals/”>Administrative Tribunals in India

In India Growth of administrative tribunals has been rather haphazard. They have come into existence as or when required. Though their number has been gradually multiplying, yet they have never been organized into a coherent system. Over 3,000 such courts exist in India. Income Tax Appellate Tribunal, Railway Rates Tribunal, Labour Courts, Industrial Tribunals, Wage Boards, Compensation Tribunals, Election Tribunals, Central Administrative Tribunal, Rent Tribunals are some of the examples of such Tribunals.

Administrative tribunals are constituted with amendment to Articles 323A and 323B of the Indian Constitution. These are constituted to exclusively deal with service matters of the civil servants. However, Administrative Tribunal is a substitute to High Court. These tribunals are quasi-judicial in nature but assigned with adjudicate the matters referred before them. It is a sign of welfare state. As many tribunals are working today, regulatory mechanism is very much needed. The tribunals are established to avoid regular court approach by civil servants. The only strict restriction imposed on them is to follow Justice/”>Principles Of Natural Justice, but the tribunals started to give their own construction to interpret the Principles of Natural Justice. This is because there are no settled definite principles to say these are the fundamental principles of Natural Justice.

Central Administrative Tribunal: ARTICLE 323 A added in the Constitution of India in 1985 provides for the setting up of Administrative Tribunal for adjudicating the disputes relating to service matters of persons employed to public services and posts in the Central Government and the States. In Pursuance of the above amendment the Administrative Tribunals Act, 1985 was enacted. The CAT enjoys the status and powers of a High Court in respect of service matters Appeals against its orders He to The Supreme Court only. It has 17 regular Benches operating at the principal seats of High Court. These regular Benches also hold circuit sittings at other seats of High Courts.

The difference between CAT and ordinary courts is as follows:

The Tribunal is free from the shackles of many of the technicalities of the ordinal courts in respect of hearing of evidence and pleading by the lawyers and the presentation of the case.
The government can present its case through the departmental officers or legal practitioners.
Only a nominal fee is to be paid by the petitioner for filing an application before the Tribunal.

The members of the Administrative Tribunals are drawn from the administrative stream also, whereas the judges of ordinary courts belong to the legal stream.

State administrative tribunal

Article 323 B empowers the state legislatures to set up tribunals for various matters. The matters to be covered by such tribunals are as follows:

Levy, assessment, collection and enforcement of any tax

Matters connected with Land reforms covered by Article 31A

Income Tax Appellate Tribunal: Section 252 of the Income Tax Act, 1961 provides that the Central Government shall constitute an Appellate Tribunal consisting of an many Judicial Members and Accountant members as it thinks fit to exercise the powers and functions conferred on the Tribunal by the Act. Under the Act, a judicial Member shall be a person, who has held a judicial office for at least ten years or has been a Member of the Central Legal Services and has held a post in Grade II of that service or any equivalent or higher post for at least three years or who has been an Advocate for at least ten years.

The powers and functions of the Tribunal are exercised and discharged by the Bench constituted from amongst the members of the Tribunal. A Bench consists of one Judicial Member and one Accountant Member. The Benches of the Tribunal have been constituted in different parts of the country presently there are 63 benches.

Advantages of Administrative Tribunals

Administrative adjudication is a dynamic system of administration, which serves, more adequately than any other method, the varied and complex needs of the modern Society. The main advantages of the administrative tribunals are as follows:
Administrative adjudication has brought about flexibility and adaptability in the judicial as well as administrative tribunals.
In the fast changing world of today, administrative tribunals are not only the most appropriated means of administrative action, but also the most effective means of giving fair justice to the individuals.
Administrative justice ensures cheap and quick justice. As against this, procedure in the law courts is long and cumbersome and litigation is costly.
The system also gives the much-needed relief to ordinary courts of law, which are already overburdened with numerous suits.

Disadvantages of Administrative Tribunals

Administrative adjudication is a negation of Rule of Law. Rule of Law ensures Equality before law for everybody and the supremacy of ordinary law and due procedure of law over governmental arbitrariness.
Administrative tribunals have in most cases, no set procedures and sometimes they violate even the principles of natural justice.
Administrative tribunals often hold summary trials and they do not follow any precedents. As such it is not possible to predict the course of future decisions.

Statutory bodies are organizations that are created by a law, or statute. They are usually given a specific purpose or function, and they are often funded by the government. Statutory bodies can be either central or state bodies. Central statutory bodies are those that are created by the central government, while state statutory bodies are those that are created by a State Government.

Some examples of central statutory bodies include the Reserve Bank of India, the Securities and Exchange Board of India, and the Central Bureau of Investigation. Some examples of state statutory bodies include the Public Service Commission, the State Election Commission, and the State Pollution Control Board.

Regulatory bodies are organizations that are responsible for regulating a particular Industry or sector. They are usually given the power to set standards, issue licenses, and investigate complaints. Regulatory bodies can be either financial or non-financial. Financial regulatory bodies are those that regulate the financial sector, such as banks, insurance companies, and Stock Exchanges. Non-financial regulatory bodies are those that regulate other sectors, such as the Environment, Health, and safety.

Some examples of financial regulatory bodies include the Reserve Bank of India, the Securities and Exchange Board of India, and the Insurance Regulatory and Development Authority of India. Some examples of non-financial regulatory bodies include the Central Pollution Control Board, the Food Safety and Standards Authority of India, and the National Highways Authority of India.

Quasi-judicial bodies are organizations that have some of the powers of a court, but they are not actually courts. They are usually set up to resolve disputes or to investigate complaints. Quasi-judicial bodies can be either tribunals, commissions, authorities, boards, councils, or committees.

Some examples of tribunals include the National Consumer Disputes Redressal Commission, the Central Administrative Tribunal, and the Income Tax Appellate Tribunal. Some examples of commissions include the National Human Rights Commission, the National Commission for Women, and the National Commission for Minorities. Some examples of authorities include the Competition Commission of India, the Telecom Regulatory Authority of India, and the Atomic Energy Regulatory Board. Some examples of boards include the Airports Authority of India, the Indian Railways Board, and the Central Board of Excise and Customs. Some examples of councils include the Planning Commission, the National Development Council, and the National Security Council. Some examples of committees include the Joint Parliamentary Committee, the Public Accounts Committee, and the Estimates Committee.

Statutory bodies, regulatory bodies, and quasi-judicial bodies play an important role in our society. They help to ensure that our laws are followed, that our markets are fair, and that our rights are protected.

What is a statutory body?

A statutory body is a government agency that is created by an act of Parliament. Statutory bodies are responsible for carrying out specific tasks or functions that are set out in their enabling legislation.

What is a regulatory body?

A regulatory body is a government agency that is responsible for regulating a particular industry or sector. Regulatory bodies are responsible for setting standards, monitoring compliance, and enforcing regulations.

What is a quasi-judicial body?

A quasi-judicial body is a government agency that has some of the powers of a court of law. Quasi-judicial bodies are responsible for making decisions that can have a significant impact on the rights and interests of individuals.

What are the different types of statutory bodies?

There are many different types of statutory bodies, but some of the most common include:

Departments: Departments are the main administrative units of government. They are responsible for carrying out a wide range of functions, such as Education, health, and social security.
Agencies: Agencies are smaller than departments and are usually responsible for a specific area of policy or administration.
Authorities: Authorities are similar to agencies, but they have a greater degree of independence from government. They are often responsible for providing services that are not directly provided by government, such as water and sewerage.
Corporations: Corporations are statutory bodies that are set up as companies. They are usually responsible for providing commercial services, such as telecommunications and transport.

What are the different types of regulatory bodies?

There are many different types of regulatory bodies, but some of the most common include:

Competition and Consumer protection agencies: These agencies are responsible for promoting competition and protecting consumers from unfair business practices.
Financial regulators: These agencies are responsible for regulating the financial sector, including banks, insurance companies, and Investment firms.
Environmental regulators: These agencies are responsible for protecting the environment and ensuring that businesses comply with environmental regulations.
Health and safety regulators: These agencies are responsible for protecting the health and safety of workers and the public.

What are the different types of quasi-judicial bodies?

There are many different types of quasi-judicial bodies, but some of the most common include:

Tribunals: Tribunals are independent bodies that are responsible for hearing appeals against decisions made by government agencies.
Inquiries: Inquiries are fact-finding bodies that are appointed by government to investigate a particular issue or event.
Royal commissions: Royal commissions are the most senior type of inquiry. They are appointed by the government to investigate a major issue or event.

What are the benefits of having statutory bodies, regulatory bodies, and quasi-judicial bodies?

Statutory bodies, regulatory bodies, and quasi-judicial bodies can provide a number of benefits, including:

They can provide a more efficient and effective way of delivering government services.
They can provide a greater degree of independence and impartiality than government departments.
They can provide a more flexible and responsive way of dealing with complex issues.
They can provide a more transparent and accountable way of making decisions.

What are the drawbacks of having statutory bodies, regulatory bodies, and quasi-judicial bodies?

Statutory bodies, regulatory bodies, and quasi-judicial bodies can also have a number of drawbacks, including:

They can be expensive to set up and run.
They can be slow and bureaucratic.
They can be subject to political interference.
They can be opaque and difficult to understand.

What are the challenges of reforming statutory bodies, regulatory bodies, and quasi-judicial bodies?

Reforming statutory bodies, regulatory bodies, and quasi-judicial bodies can be a complex and challenging task. Some of the key challenges include:

Ensuring that the reforms are effective and deliver the desired results.
Managing the transition from the old system to the new system.
Building public support for the reforms.
Dealing with opposition from vested interests.

Sure, here are some MCQs without mentioning the topic Statutory, regulatory and various quasi-judicial bodies:

Which of the following is not a type of government body?
(A) Statutory body
(B) Regulatory body
(C) Quasi-judicial body
(D) Executive body
Which of the following is a statutory body?
(A) The Reserve Bank of India
(B) The Election Commission of India
(C) The Supreme Court of India
(D) The Parliament of India
Which of the following is a regulatory body?
(A) The Securities and Exchange Board of India
(B) The Competition Commission of India
(C) The Central Bureau of Investigation
(D) The National Investigation Agency
Which of the following is a quasi-judicial body?
(A) The National Green Tribunal
(B) The Central Administrative Tribunal
(C) The Debt Recovery Tribunal
(D) The Railway Claims Tribunal
Which of the following is not a function of a statutory body?
(A) To make laws
(B) To implement laws
(C) To interpret laws
(D) To adjudicate disputes
Which of the following is not a function of a regulatory body?
(A) To regulate markets
(B) To protect consumers
(C) To promote competition
(D) To punish offenders
Which of the following is not a function of a quasi-judicial body?
(A) To hear and decide cases
(B) To issue orders and directions
(C) To award compensation
(D) To impose penalties
Which of the following is the highest statutory body in India?
(A) The Parliament of India
(B) The President of India
(C) The Supreme Court of India
(D) The Union Cabinet
Which of the following is the highest regulatory body in India?
(A) The Reserve Bank of India
(B) The Securities and Exchange Board of India
(C) The Competition Commission of India
(D) The Central Bureau of Investigation
Which of the following is the highest quasi-judicial body in India?
(A) The National Green Tribunal
(B) The Central Administrative Tribunal
(C) The Debt Recovery Tribunal
(D) The Railway Claims Tribunal