Q2(d)6 MarksCharacteristics of Quasi-Judicial Functions.
Meaning
A quasi-judicial function is a function that partakes of the character of a judicial function but is performed by an authority which is not a court. It stands between a purely judicial function (performed by courts) and a purely administrative function (performed by the executive).
Essential Characteristics (per Committee on Ministers’ Powers, 1932)
- A lis / dispute between two or more parties, with the authority as adjudicator.
- Determination of facts by means of evidence adduced by the parties.
- Application of law or pre-existing legal principles to the facts so found.
- Decision disposing of the dispute — a conclusive determination of rights.
- Duty to act judicially — i.e. to observe principles of natural justice (notice, hearing, reasons, impartiality).
Distinction from Administrative Function
| Aspect | Quasi-Judicial | Administrative |
|---|---|---|
| Lis | Present | Usually absent |
| Procedure | Natural justice mandatory | Natural justice applies only where civil consequences follow |
| Reasons | Must be recorded | Not always required |
| Discretion | Guided by law & evidence | Policy considerations predominate |
Judicial Recognition
A.K. Kraipak v. Union of India, AIR 1970 SC 150 — abolished the rigid distinction; natural justice applies even to administrative action affecting rights.
Province of Bombay v. Khushaldas S. Advani, AIR 1950 SC 222 — classical five-fold test of quasi-judicial action.
Conclusion
The classification remains relevant for determining the standard of review, but after Kraipak fairness is the common thread running through all public functions — judicial, quasi-judicial and administrative alike.