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Judicial power of the administration: quasi-judicial functions and administrative adjudication

Administrative Law · Unit III · Topic 8 of 18 · 6 min read

When an administrative authority must act judicially, what administrative adjudication is, why it grew, the forms it takes, and the problems the Franks Committee and Indian courts identified.

On this page
  1. 1. Tests: when must an authority act judicially?
  2. 2. Administrative adjudication: meaning
  3. 3. Why it grew
  4. 4. Forms of administrative adjudication
  5. 5. The problems of administrative adjudication
  6. 6. Judicial control of adjudicating authorities
  7. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

Where Unit III starts. Before natural justice can be applied, the question is whether the authority is exercising judicial power at all, and if so what kind. This note covers the tests and the institution of administrative adjudication. The constitutional law of tribunals under Articles 323A and 323B, and L. Chandra Kumar, are in the Constitutional Law II note on Subordinate judiciary and administrative tribunals; they are not repeated here.

1. Tests: when must an authority act judicially?

The detailed history is in the note on Classification of administrative action. In summary, the courts have looked at the following.

The trait of a judicial body was examined in Jaswant Sugar Mills Ltd. v. Lakshmichand, 1962 INSC 267, AIR 1963 SC 677, where the Court listed the characteristics of a quasi-judicial decision: it is in substance a determination on the rights of parties on facts found on evidence, by an authority bound to act judicially, and binding on them; the authority may be under a duty to apply an objective standard. A conciliation officer deciding whether to permit the dismissal of workmen under a U.P. Government order was held not to be a tribunal for Article 136: though he had to act judicially, he was not invested with the judicial power of the State, and his permission did not finally settle the rights of the parties.

2. Administrative adjudication: meaning

Administrative adjudication is the determination of questions of fact and law, affecting the rights of private persons, by administrative agencies rather than by the ordinary courts. Examples in India: income-tax and GST appellate authorities, the Central Administrative Tribunal, rent controllers, Motor Accident Claims Tribunals, labour courts and industrial tribunals, consumer commissions, licensing authorities, and disciplinary authorities in the public services.

A tribunal in this sense is a body outside the hierarchy of ordinary courts but vested with the judicial power of the State. In Bharat Bank Ltd. v. Employees of Bharat Bank Ltd., 1950 INSC 16, AIR 1950 SC 188, an industrial tribunal was held to be a “tribunal” under Article 136: it had the trappings of a court, decided disputes between parties, followed a judicial procedure and was invested with the State's inherent judicial power, even though it was not a court in the strict sense.

3. Why it grew

4. Forms of administrative adjudication

5. The problems of administrative adjudication

January 2026 asked candidates to “define administrative adjudication” and “explain the problems”. These are the problems, with the remedy in each case.

The English Franks Committee (Report of the Committee on Administrative Tribunals and Enquiries, 1957) proposed three standards for all tribunals: openness (public hearings and reasoned decisions), fairness (clear procedure, knowledge of the case to be met) and impartiality (freedom from departmental influence). It led to the Tribunals and Inquiries Act, 1958 and the Council on Tribunals. Indian writers use the three words as the test of a good tribunal, and they make a sound conclusion to any answer on the problems.

6. Judicial control of adjudicating authorities

How this is examined

A 10-mark essay on administrative adjudication and its problems (January 2026), or on the tests for when an authority must act judicially. A 6-mark note on “tribunal” or on the Franks Committee is possible. For the essay: definition, reasons for growth, forms, the problems with a remedy for each, and the Franks standards as conclusion.

Now try the real questions: Administrative Law past question papers.