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Mumbai University · Second Year LLB · Semester 3
Characteristics of Quasi-Judicial Functions.
Characteristics of Quasi-Judicial Functions.
Q2Write short notes on any twoAttempt any 2 out of 4 · 6 marks each · Total: 12 marks2024
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)

  1. A lis / dispute between two or more parties, with the authority as adjudicator.
  2. Determination of facts by means of evidence adduced by the parties.
  3. Application of law or pre-existing legal principles to the facts so found.
  4. Decision disposing of the dispute — a conclusive determination of rights.
  5. Duty to act judicially — i.e. to observe principles of natural justice (notice, hearing, reasons, impartiality).

Distinction from Administrative Function

AspectQuasi-JudicialAdministrative
LisPresentUsually absent
ProcedureNatural justice mandatoryNatural justice applies only where civil consequences follow
ReasonsMust be recordedNot always required
DiscretionGuided by law & evidencePolicy 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.