Unit 5: Quasi-Judicial Bodies
5.1 Meaning and Rationality of Administrative Adjudication
The quasi-judicial body — the administrative organ exercising the judicial function: the dispute’s decision (the rights’ determination) by the administrative authority. The rationality: the expertise (the technical disputes — the revenue, the banking, the labour); the speed-and-economy (the court-alternative’s design); the specialisation’s consistency (the regime’s coherent application); the state’s own cases (the administration’s disputes kept near the administration).
5.2 Nature and Procedure of Administrative Adjudication
The nature: the hybrid (the judicial function in the administrative setting — the duty-to-act-judicially attaching). The procedure: the complaint’s filing; the notice (the parties’ hearing — the natural-justice duty); the evidence’s taking (the documents, the witnesses — the court-like forms in the simplified setting); the hearing (the representation; the arguments); the decision (the reasoned order); the enforcement (the decree-like execution).
5.3 Constitutionality and its Scope
The tribunal system’s constitutional questions: the judiciary’s displacement (the regular courts’ jurisdiction — the constitution’s guarantee of the judicial power); the valid design (the specialisation-within-the-structure: the appeal’s route preserved; the review’s availability); the Art 133/144’s ultimate supervision (the writs reaching the tribunals — the supremacy preserved).
5.4 Various Tribunals under Administrative Setup
5.4.1 Administrative Court: Formation and Jurisdiction
The specialised forum for the administrative disputes (the service-and-administration cases): the civil servants’ disputes (the promotion, the transfer, the departmental punishment’s challenges); the administration’s internal justice. The formation (the government’s establishment under the enabling law — the composition’s judicial-and-administrative blend); the jurisdiction (the service matters’ adjudication; the administration’s acts’ review at the first tier) — the regular-courts’ supervision above (the High Court’s appellate-and-writ faces).
5.4.2 Debt Recovery Tribunal: Formation, Jurisdiction and Procedure
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