Indian Polity

Quasi-judicial bodies are authorities, which have powers resembling those of judicial bodies but are restricted to certain areas of expertise. Generally, the function of these bodies is to make the work of the courts easier and to reduce the burden of the local courts. Examples: National Green
Tribunal, Income Tax Appellate Tribunal, Central Administrative Tribunal, National Human Rights Commission etc.
Similarities between the judicial and quasi-judicial bodies:

• Like courts, these bodies have full power to adjudicate on the matters that come before them.
• Similar to courts, their decisions are binding, with provision of an appeal lying to their order.
• Both are manned by experts from the legal field.
• Both the bodies work with an aim to deliver timely justice to masses.

Although their powers resemble those of the judicial bodies, there are important points of distinction between the two:

• Quasi-judicial bodies are non-judicial bodies, which have the powers of interpreting the law. They are given powers and procedures resembling those of a court of law or judge, and are obliged to provide the basis of an official action.
• They partly function like the court, i.e. they have the power of the courts to adjudicate or pronounce decisions but they are not strictly bound by the procedures that should be followed by the courts.
• Unlike judicial bodies, they are restricted to certain areas of expertise. They are constituted for a special matter with people well versed in their respective streams.
• Quasi-judicial bodies needn’t adhere to strict judicial rules (of procedure and evidence) but the ordinary courts have to strictly adhere to these policies.
• Quasi-judicial bodies can hold formal hearings only if they are mandated to do so as per their governing laws.

Quasi-judicial bodies serve as an important organ in the justice delivery system. They act as a speedy trial mechanism as they deliver justice in a fast manner as the judgements that are usually pronounced by them are speedier and efficient. They have a specific role to play as per their constitution and purpose and play a great role in the smooth functioning of the society.

The National Commission for Women (NCW) was set up as a statutory body under the National Commission for Women Act, 1990. It strives to enable women to achieve equality and equal participation in all spheres of life by securing their due rights and entitlements.
Section 3 of the National Commission for Women Act, mentions the composition of the NCW:

• A Chairperson, committed to the cause of women.
• Five Members from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organisations (including women activists ), administration, economic development, health, education or social welfare.
  • Provided that at least one member each shall be from Scheduled Castes and Scheduled Tribes respectively.
• A Member-Secretary who shall be
  • An expert in the field of management, organisational structure or sociological movement, or
  • An officer who is a member of a civil service of the Union or of an all-India service or holds a civil post under the Union with appropriate experience

Under Section 10 of the National Commission for Women Act, the commission shall perform the following functions:

• Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.
• Provide an annual report to the Central Government on working of these constitutional and legislative safeguards.
• Provide recommendations for the effective implementation of those safeguards, needed legislative reforms and advise the Government on all policy matters affecting women.
• Take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities, and
• Look into complaints and take suo-moto notice of matters that affect women rights with the Commission having been endowed with powers of a civil court.

Role of the NCW in women empowerment

• The Commission has developed a fully functional online system for registration, processing and resolution of complaints.
• Suo-moto cognizance of offences has resulted in expeditious investigation and also prosecution of perpetrators.
• Providing assistance for resolving matters relating to non-resident Indian marriages in coordination with the Ministry of External Affairs and State authorities.
• Gender sensitization programmes for the police officials to enable them to handle cases involving distressed women in a more compassionate manner.
• It has taken up the issue of child marriage, sponsored legal awareness programmes, and evolved the concept of Parivarik Mahila Lok Adalats. Also, it has reviewed laws such as Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act, 1990 to make them more effective.

However, the Commission faces challenges like inadequate funding, functionary issues, its recommendations only a being advisory, among others. Consequently, to make it more effective, the above issues need to be resolved and provisions for greater powers, finances and training and capacity building need to be undertaken.