What are Statutory, Regulatory, and Quasi-judicial institutions? Which of them is included in India? How do they work? Read further to know more.
Statutory, Regulatory, and Quasi-judicial bodies are set up to pay close attention to some of the challenges a nation faces.
They exclusively work to advance and maintain the sector that the Indian government has given them responsibility.
In this article, you can learn more about statutory, regulatory, and various quasi-judicial bodies.
Statutory Bodies
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Statutory bodies are constituted by legislation passed by the relevant state legislatures or by the act of Parliament.
- Statutory bodies are non-constitutional organizations that make laws and make decisions on the government’s behalf.
- As these bodies were founded by the appropriate act, they received their authority, responsibility, and obligations from that act.
- Statutory organizations are created to carry out particular duties. These are sector-specific and reduce the government’s workload.
- The government may offer a certain degree of autonomy in its operations and member selection. Although the government must ensure financial responsibility in its operations.
- The statutory bodies are further divided into Regulatory Bodies and Quasi-Judicial Bodies
Securities & Exchange Board of India
- In compliance with the Securities and Exchange Board of India Act, of 1992, SEBI was founded as a statutory entity on April 12, 1992.
- The Securities and Exchange Board of India‘s core responsibilities include promoting and regulating the securities market as well as safeguarding the interests of investors in securities.
National Human Rights Commission
- The National Human Rights Commission (NHRC) was established in 1993 under the Protection of Human Rights Act (PHRA), 1993 which was later amended by the Protection of Human Rights (Amendment) Act, 2006.
- They are mandated to protect the rights and dignity of Indian citizens.
National Commission for Women
- On January 31, 1992, the National Commission for Women (NCW) was founded under the National Commission for Women Act, of 1990.
- It was created to ensure that women in India have a fair and equitable standard of living through legal and constitutional changes.
National Commission for Minorities
- Under the National Commission for Minorities Act, the Union Government formed the National Commission for Minorities (NCM) in 1992. Six religious groups—Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains—have been classified as minority groups by the Union Government in India’s Gazette.
National Commission for Protection of Child Rights
- The National Commission for Protection of Child Rights (NCPCR) was established under the Commission for Protection of Child Rights (CPCR) Act, 2005.
- Under the act, “child rights” includes the children’s rights adopted in the United Nations Convention on the Rights of the Child in November 1989 which was ratified by the Indian Government on 11 December 1992.
Central Vigilance Commission
- To combat official corruption, the government established the Central Vigilance Commission in February 1964.
- The Central Vigilance Commission became statutory in 2003 after the Central Vigilance Commission Bill Act 2003 was enacted by Parliament.
National Green Tribunal
- By the National Green Tribunal (NGT Act of 2010), the National Green Tribunal (NGT) was established on October 18, 2010. It is a specialized organization charged with addressing environmental issues, particularly those involving multiple disciplines.
Armed Forces Tribunal
- The Armed Forces Tribunal is an Indian military tribunal. It became a legal entity on August 8, 2009, and it was created by the Armed Forces Tribunal Act of 2007.
Unique Identification Authority of India
- The central government of India’s Unique Identification Authority, or UIDAI, is an organization tasked with gathering demographic and biometric data on the nation’s citizens, storing the information in a large database, and issuing each citizen of the nation a 12-digit unique identity number known as an Aadhaar.
- The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, established UIDAI.
Competition Commission of India
- The Competition Commission of India (CCI) is a statutory body of the Government of India responsible for enforcing The Competition Act, of 2002.
- It was duly constituted in March 2009.
Commission for Air Quality Management
- The Commission for Air Quality Management in National Capital Region and Adjoining Areas, Act 2021 established the Commission for Air Quality Management (CAQM), a statutory agency.
- It was founded in August 2021 as a centralized organization to regulate the air quality in Delhi NCR.
National Legal Services Authority
- The National Legal Services Authority of India was founded under the Legal Services Authorities Act of 1987 to build a standard national network that would offer professional legal services to the less fortunate members of society at no cost.
Regulatory Bodies
A regulatory body, sometimes known as a regulatory agency, is a public authority or a governmental agency that is responsible for acting independently to regulate or supervise a particular sector of human activity.
- They may or may not be directly supervised by an executive branch of the government, or they may be given the statutory right to carry out their duties under the direction of the legislative branch.
- Regulatory agencies are typically created to enforce safety standards, monitor the use of public resources, and control business.
Important Regulatory bodies in India are:
Reserve Bank of India
- The Reserve Bank of India (RBI) is the responsible body in the nation, in charge of overseeing economic stability and growth as well as managing all significant monetary policies.
- In compliance with the guidelines of the Reserve Bank of India Act, of 1934, the Reserve Bank of India was founded on April 1st, 1935.
Telecom Regulatory Authority of India
- The Telecom Regulatory Authority of India Act, 1997, an Act of Parliament, established the Telecom Regulatory Authority of India (TRAI) on February 20, 1997, to regulate telecom services, including the fixing and adjustment of tariffs.
Insurance Regulatory & Development Authority of India
- The Indian government’s Insurance Regulatory and Development Authority of India (IRDAI) is in charge of overseeing and advancing the insurance industry.
Competition Commission of India
- The Competition Commission of India (CCI) is a statutory body of the Government of India responsible for enforcing the Competition Act, of 2002.
Food Safety and Standards Authority of India
- The Food Safety and Standards Act of 2006 established the Food Safety and Standards Authority of India (FSSAI) as a legislative organization.
- Additionally, this law sets the foundation for India’s food safety laws to be created and implemented.
Medical Council of India
- A statutory organization called the Medical Council of India (MCI) is in charge of guaranteeing the quality and standardization of medical education in India. In 1934, it was established as a result of the Indian Medical Council Act of 1933.
Pension Fund Regulatory & Development Authority
- The Pension Fund Regulatory and Development Authority Act of 2013 created the Pension Fund Regulatory and Development Authority (PFRDA), a statutory regulatory agency.
- It was created to oversee and control the National Pension System (NPS) and the Indian pension industry.
Bureau of Indian Standards
- BIS is India’s National Standard Body established under the BIS Act 2016 for the total development of standardization, certification, and quality assurance of goods, as well as things associated with or supplementary thereby.
Board of Control for Cricket in India
- The national governing organization for cricket in India is called the Board of Control for Cricket in India (BCCI). The board was established in December 1928.
Quasi-Judicial Bodies
A Quasi-Judicial Body is a body, usually of a Public Administrative Agency, that has powers and processes similar to those of a Court of Law or Judge and is required to impartially establish the facts and draw conclusions from them to serve as the foundation for official action.
According to another definition, a quasi-judicial body is “an organ of government other than a court or legislature, which impacts the rights of private parties either through adjudication or rulemaking.”
- A quasi-judicial body, such as the National Green Tribunal, need not be a court of law.
- These organizations work to lighten the load on the judiciary. The concerns that are relevant to the specific administrative agency are the only ones that fall under quasi-judicial activity.
- A quasi-judicial decision may be challenged in court.
- These groups typically have settlement powers over issues including misconduct, norms of conduct, and trust in financial or other problems.
- They often only have authority over matters related to their field of expertise, which may be financial markets, employment laws, public standards, immigration, or regulation.
Important Quasi-Judicial Bodies in India:
National Green Tribunal
- With the Notification of the Central Government, the National Green Tribunal (NGT) Act came into force in 2010. NGT exercises the jurisdiction, powers, and authority granted to it by or under the NGT Act.
National Human Rights Commission
- The National Human Rights Commission (NHRC) was established in 1993 under the Protection of Human Rights Act (PHRA), 1993 which was later amended by the Protection of Human Rights (Amendment) Act, 2006. They are mandated to protect the rights and dignity of Indian citizens.
Central Information Commission
- By the Right to Information Act of 2005, the Central Information Commission was established in 2005.
- The Central Information Commission (CIC) is a crucial component of the nation’s effective governance.
National Consumer Disputes Redressal Commission
- The National Consumer Disputes Redressal Commission or the NCDRC is a quasi-judicial commission established as per the provisions of the Consumer Protection Act, 1986.
Appellate Tribunal for Electricity
- The Electricity Act of 2003 established the Appellate Tribunal for Electricity as a statutory and independent body to hear complaints, appeals, or original petitions challenging decisions made by the State Regulatory Commission, Central Regulatory Commission, Joint Commission, or adjudicating officer.
Income Tax Appellate Tribunal
- To handle appeals involving the Direct Taxes Acts, the Income Tax Appellate Tribunal (ITAT) was founded in January 1941 as a quasi-judicial body.
- The rulings of the ITAT are final; only a substantive question of law that requires resolution may be appealed to the High Court.
Customs, Excise and Service Tax Appellate Tribunal
- A quasi-judicial organization in India that handles appeals against orders and judgments made under the Central Excise Act of 1944 and the Customs Act of 1962 is called the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT).
- Under section 129 of the 1962 Customs Act, it was established as the Customs, Excise, and Gold (Control) Appellate Tribunal (CEGAT)
Read: Self-Regulatory Organisations (SROs)
Article written by: Arya Devi
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