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Quasi-Judicial Proceedings: Under the Indian Legal Framework

Quasi-Judicial Proceedings: Under the Indian Legal Framework - Chidambaram Ramesh

Quasi-Judicial Proceedings: Under the Indian Legal Framework


There are numerous areas of daily life where quasi-judicial decisions affect the lives of ordinary people. Our constitution envisages a welfare state in which every citizen must have justice - social, economical and political. During performance of its functions, the State has to strike a balance between the competing private rights of the citizens and the interests of the State. The increased role of government in a welfare state has brought about a proliferation of disputes between the citizens and the government departments. Again, the subjects of dispute are so complex and technical that the conventional judges can hardly cope up with. The number of such disputes is also too big to be handled by the traditional court system. These disputes can often be better dealt with by experts in the respective fields rather than by conventional judges. It is not an exaggeration to say that the administrative adjudicators render more decisions than the judges decide in the traditional court system. Thus the administrative justice is increasingly considered not only on the basis of rule of law, but as a necessity of good governance. Chidambaram Ramesh' "Quasi-judicial Proceedings" explains the basic principles of quasi-judicial proceedings lucidly and with the aid of relevant case laws. The book discusses all the essential aspects of a quasi-judicial order, such as, elements of a fair quasi-judicial hearing, nature of the proceedings, principles of natural justice, techniques on judgment writing, judicial review and the powers of the inquiry officer under the Code of Civil Procedure. It brings together important ideas and experiences about how quasi-judicial authorities are to go about their role of conducting a quasi-judicial hearing and tries to demystify the task of drafting a credible, professional and dignified quasi-judicial order. Being the first book in India exclusively on quasi-judicial matters, and illustrated richly with many judicial references, the main object of the publication is to provide an overview of what constitutes a quasi-judicial order and how to make it withstand the wider test of judicial scrutiny.
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There are numerous areas of daily life where quasi-judicial decisions affect the lives of ordinary people. Our constitution envisages a welfare state in which every citizen must have justice - social, economical and political. During performance of its functions, the State has to strike a balance between the competing private rights of the citizens and the interests of the State. The increased role of government in a welfare state has brought about a proliferation of disputes between the citizens and the government departments. Again, the subjects of dispute are so complex and technical that the conventional judges can hardly cope up with. The number of such disputes is also too big to be handled by the traditional court system. These disputes can often be better dealt with by experts in the respective fields rather than by conventional judges. It is not an exaggeration to say that the administrative adjudicators render more decisions than the judges decide in the traditional court system. Thus the administrative justice is increasingly considered not only on the basis of rule of law, but as a necessity of good governance. Chidambaram Ramesh' "Quasi-judicial Proceedings" explains the basic principles of quasi-judicial proceedings lucidly and with the aid of relevant case laws. The book discusses all the essential aspects of a quasi-judicial order, such as, elements of a fair quasi-judicial hearing, nature of the proceedings, principles of natural justice, techniques on judgment writing, judicial review and the powers of the inquiry officer under the Code of Civil Procedure. It brings together important ideas and experiences about how quasi-judicial authorities are to go about their role of conducting a quasi-judicial hearing and tries to demystify the task of drafting a credible, professional and dignified quasi-judicial order. Being the first book in India exclusively on quasi-judicial matters, and illustrated richly with many judicial references, the main object of the publication is to provide an overview of what constitutes a quasi-judicial order and how to make it withstand the wider test of judicial scrutiny.
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