Why Classify?
Classification is not an end in itself but is important because the procedural safeguards, the standard of judicial review and the availability of remedies depend on the nature of the function involved.
Three-Fold Classification
- Legislative Functions — making of rules, regulations, bye-laws, orders of general application (e.g. rules framed under the Factories Act, 1948).
- Judicial / Quasi-Judicial Functions — adjudication of disputes between two or more parties by applying law to facts (e.g. order of a Collector determining compensation; order of IT Appellate Tribunal).
- Administrative Functions — executive implementation of policy; day-to-day administration; residual category (e.g. grant of licence, allocation of quotas, posting / transfer orders).
Judicial vs Quasi-Judicial
| Point | Judicial | Quasi-Judicial |
|---|---|---|
| Authority | Court manned by judges | Non-court authority (tribunal, Minister, Collector) |
| Procedure | CPC/CrPC/Evidence Act | Not strictly bound; follows NJ & its own rules |
| Scope of adjudication | Objective facts + law | Objective facts + policy considerations |
Quasi-Judicial vs Administrative — the Classical Five-Fold Test
Province of Bombay v. Khushaldas S. Advani, AIR 1950 SC 222 laid down five pre-requisites of a quasi-judicial function:
- A lis or dispute between two or more parties.
- Presentation of case / evidence by the parties.
- Ascertainment of facts by the authority.
- Application of law to those facts.
- Decision disposing of the dispute — duty to act judicially.
Modern Position after A.K. Kraipak
A.K. Kraipak v. Union of India, AIR 1970 SC 150 — the classical distinction between quasi-judicial and administrative functions is now blurred. Even administrative action affecting rights attracts natural justice; the common thread is fairness in action.
Union of India v. Tulsiram Patel, AIR 1985 SC 1416 — natural justice applies to all forms of public decision-making with civil consequences.
Why the Classification Still Matters
- Determines whether writ of certiorari / prohibition is available (classical view requires quasi-judicial function).
- Determines intensity of judicial review (judicial action attracts closer scrutiny).
- Determines need for a reasoned order.
Non-Classification Theory
Prof. H.W.R. Wade and S.A. de Smith favour abandoning the classification altogether in favour of a uniform duty of fairness. Indian courts post-Kraipak are moving in this direction.
In exam answers, do not merely narrate the classification — show its consequences (procedure, review, remedy) and the modern blurring post Kraipak.