1.4. Quasi-judicial bodies vs judicial bodies

♤ Judicial decisions are bound by precedent in common law, whereas quasi-judicial decisions usually are not so bound.

♤ In the absence of precedent in common law, judicial decisions may create new law, whereas quasi-judicial decisions must be based on conclusions of existing law.

♤ Quasi-judicial bodies need not follow strict judicial rules of evidence and procedure.

♤ Quasi-judicial bodies must hold formal hearings only if mandated to do so under their governing laws or regulations.

♤ Quasi-judicial bodies, unlike courts, may be a party in a matter and issue a decision thereon at the same time.

Quasi-judicial Action vs. Administrative Action

Though the distinction between quasi-judicial and administrative action has become blurred, yet it does not mean that there is no distinction between the two.

In A.K. Kraipak vs. Union of India, the Supreme Court was of the view that in order to determine whether the action of the administrative authority is quasi-judicial or administrative, one has to see the nature of power conferred, to whom power is given, the framework within which power is conferred and the consequences.

Thus broadly speaking, acts, which are required to be done on the subjective satisfaction of the administrative authority, are called ‘administrative’ acts, while acts, which are required to be done on objective satisfaction of the administrative authority, can be termed as quasi- judicial acts.

In case of administrative decision there is no legal obligation upon the person charged with the duty of reaching the decision, to consider and weigh submissions and arguments or to collate any evidence. The grounds upon which he acts, and the means which he takes to inform himself before acting are left entirely to his discretion.

However, the Supreme Court observed, “It is well settled that the old distinction between a judicial act and administrative act has withered away and we have been liberated from the pestilent incantation of administrative action.”