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    Nature and Functions of Quasi-Judicial Bodies: Competition Commission of India and Its Constitutional Conflicts

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    Shaurya Aron
    The document discusses the nature and functions of quasi-judicial bodies like the Competition Commission of India (CCI) and its constitutional conflicts. It notes that while tribunals were initially created to reduce court backlogs, their constitutionality has been challenged in cases where they are not properly independent and do not follow proper judicial procedures. Specifically, the document analyzes cases that found issues with the composition and powers of the CCI and COMPAT, such as members having an extra casting vote, which was ruled arbitrary and compromised judicial standards.

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    Nature and Functions of Quasi-Judicial Bodies: Competition Commission of India and Its Constitutional Conflicts

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    Shaurya Aron
    31 views5 pages
    The document discusses the nature and functions of quasi-judicial bodies like the Competition Commission of India (CCI) and its constitutional conflicts. It notes that while tribunals were initially created to reduce court backlogs, their constitutionality has been challenged in cases where they are not properly independent and do not follow proper judicial procedures. Specifically, the document analyzes cases that found issues with the composition and powers of the CCI and COMPAT, such as members having an extra casting vote, which was ruled arbitrary and compromised judicial standards.

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    The document discusses the nature and functions of quasi-judicial bodies like the Competition Commission of India (CCI) and its constitutional conflicts. It notes that while tribunals were initially created to reduce court backlogs, their constitutionality has been challenged in cases where they are not properly independent and do not follow proper judicial procedures. Specifically, the document analyzes cases that found issues with the composition and powers of the CCI and COMPAT, such as members having an extra casting vote, which was ruled arbitrary and compromised judicial standards.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    31 views5 pages

    Nature and Functions of Quasi-Judicial Bodies: Competition Commission of India and Its Constitutional Conflicts

    Uploaded by

    Shaurya Aron
    The document discusses the nature and functions of quasi-judicial bodies like the Competition Commission of India (CCI) and its constitutional conflicts. It notes that while tribunals were initially created to reduce court backlogs, their constitutionality has been challenged in cases where they are not properly independent and do not follow proper judicial procedures. Specifically, the document analyzes cases that found issues with the composition and powers of the CCI and COMPAT, such as members having an extra casting vote, which was ruled arbitrary and compromised judicial standards.

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    NATURE AND FUNCTIONS OF QUASI-

    JUDICIAL BODIES
    COMPETITION COMMISSION OF INDIA AND
    ITS CONSTITUTIONAL CONFLICTS
    Shaurya Aron
    16132
    Introduction
    ◦ Introduction of Articles 323A and 323B through the 42nd Amendment

    ◦ Case Judgements to ensure separation of powers and judicial review

    ◦ Case against CCI and COMPAT and the Delhi High court Judgement

    ◦ Reasons for growth of tribunals:

    ◦ 1) Increasing governmental functions

    ◦ 2) Objective standards of the courts

    ◦ 3) Questions of specialisation and expertise


    Constitutionality of Tribunals
    ◦ Case of Bharat Bank Ltd. v. Employees

    ◦ Initially to overcome the crisis of delays and backlogs in the administration 1

    ◦ Test of Tribunal Nature2

    ◦ Characteristics:
    ◦ 1) creation of Statute

    ◦ 2) entrusted with judicial and procedural powers similar to the court

    1 ◦ 3) Not bound by the strict rules of evidence and procedure


    For Law Commission of India, Reform of Judicial Administration, Report No. 14, Vol. 2, 694 (September 1958), available at
    http://lawcommissionofindia.nic.in/1-50/Report14Vol2.pdf (Last visited on August 5, 2018) (‘Law Commission Report’).

    2
    Bharat Bank Ltd. V. employees
    Constitutionality of CCI and COMPAT
    ◦ Constitutionality challenged vide cases
    ◦ 1) Shamsher Kataria, In re, 2014
    ◦ 2) Mahindra and Mahindra v CCI, Del HC (2014)
    ◦ The provision of casting vote or second vote is also antithetical to the judicial process and suffers from
    1
    the vice of arbitrariness and unreasonableness
    ◦ Therefore, §22(3) that vests the Chairperson or member presiding with such an extraneous power, is
    liable to be struck down as unconstitutional.
    ◦ Nature and Functions
    ◦ Declare any agreement between two parties as void (u/s 3 of the act)
    ◦ vested with powers to direct that the agreement shall stand modified to the extent and in the manner that may be
    prescribed 2

    1
    Shobhana Shankar Patil v. Ramchandra Shirodkar, 1996 SCC OnLine Bom 55
    2
    The Competition Act, 2002, §19.
    Conclusion
    ◦ Brought into effect by the parliament to ensure free and fair competition in the economy

    ◦ A strong case can be established that the executive attempted to secure the composition and functioning

    of the tribunal

    Not only has the composition and manner of appointments directly infringed upon judicial

    independence, they have also had a bearing on the effective functioning of the two bodies, which

    has led to compromising judicial standards in the country.

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