Karol Bagh | IAS GS Foundation Course | date 26 November | 6 PM Call Us
This just in:

State PCS


Sambhav-2024

  • 04 Dec 2023 GS Paper 2 Polity & Governance

    Day 13 : How do Quasi-judicial bodies like the Tribunals help in reducing the judicial pendency of cases and timely justice delivery? (150 Words)

    • Define the terms quasi-judicial bodies and tribunals.
    • Analyze how quasi-judicial bodies like tribunals help in reducing the judicial pendency of cases and ensuring timely justice delivery by providing an alternative and specialized forum for dispute resolution.
    • Conclude Suitably.

    Introduction

    Quasi-judicial bodies and tribunals are non-judicial entities that have the authority to interpret and apply the law and adjudicate disputes. Judicial pendency is the high number of unresolved cases that are pending before the courts, which affects the justice delivery system in India.

    Body

    Quasi-judicial bodies and tribunals help in reducing the judicial pendency and ensuring timely justice delivery by providing an alternative and specialized forum for dispute resolution, in various ways:

    • Specific Domains: Quasi-judicial bodies and tribunals are instituted through parliamentary acts or statutes, focusing on specific domains such as administration, taxation, environment, and securities. These entities are designed to address and resolve disputes in a specialized manner.
    • Speedy and Cost-Effective Dispute Resolution: A key advantage of quasi-judicial bodies and tribunals is their ability to provide prompt, cost-effective, and decentralized resolution of disputes across a spectrum of issues. This contributes significantly to reducing judicial pendency and ensures timely justice delivery.
    • Specialized Expertise: Comprising members with specialized knowledge in relevant subject matters, quasi-judicial bodies and tribunals boast a composition that enhances their ability to adjudicate effectively. This expertise ensures a nuanced understanding of the complexities involved in the cases they handle.
    • Adherence to Principles of Natural Justice: In contrast to the rigid rules of procedure and evidence governing civil courts, quasi-judicial bodies and tribunals adhere to the principles of natural justice. This flexibility allows for a more adaptable and responsive approach to dispute resolution.
    • Independence and Impartiality: Ensuring a fair and impartial hearing, these bodies operate independently of the executive and legislative branches of the government. This autonomy strengthens public confidence in the adjudicative process, fostering a sense of justice and fairness.
      • Examples of Quasi-Judicial Bodies: National Human Rights Commission, the National Green Tribunal, and the Securities and Exchange Board of India.
      • Examples of Tribunals: Central Administrative Tribunal, the Income Tax Appellate Tribunal, and the National Company Law Tribunal.

    Some of the challenges and limitations faced by quasi-judicial bodies and tribunals are:

    • Lack of Uniformity and Transparency: Quasi-judicial bodies and tribunals often grapple with issues related to uniformity, transparency, and accountability. Inconsistencies in processes and decision-making can undermine public confidence in their functioning.
    • Jurisdictional Overlaps and Conflicts: A significant challenge faced by these entities is the existence of overlapping or conflicting jurisdictions, functions, and powers. This can lead to confusion and procedural complications in handling cases.
    • Delayed Appointments and Vacancies: The timely appointment, frequent vacancies, and transfers of members within quasi-judicial bodies and tribunals pose substantial challenges. Delays in constituting a full bench can hinder the expeditious resolution of cases.
    • Inadequate Infrastructure and Resources: Quasi-judicial bodies often struggle with inadequate infrastructure, limited resources, and insufficient staff. This constraint can impede their efficiency in managing caseloads and delivering timely justice.
    • Interference from Executive or Legislative Branches: A critical limitation is the potential for interference or influence from the executive or legislative branches. Maintaining the independence of quasi-judicial bodies and tribunals is essential to ensure unbiased decision-making.
    • Absence of Robust Judicial Review: The absence or limitations in the scope of judicial review can hinder the effectiveness of these bodies. Clear mechanisms for scrutinizing decisions are crucial for upholding the rule of law and ensuring accountability.

    Conclusion

    Quasi-judicial bodies and tribunals are an important and beneficial part of the justice delivery system in India, but they need to be strengthened and reformed to ensure their effectiveness and harmony with the judicial system. They should not be seen as a substitute for the regular courts, but rather as a supplement to them.

close
SMS Alerts
Share Page
images-2
images-2
× Snow