The powers between the Union and the state government has been distributed under Part XI of the Indian Constitution. These powers are further classified into Legislative, Administrative and Judicial powers. An administrative law, as defined under Black’s Law Dictionary 8th Edn., is “An act made in a management capacity esp., an act made outside the actor’s usual field (as when a judge supervises court personnel). An Administrative Act is often subject to greater risk of liability than act within the actor’s usual field.”
While a Quasi-Judicial Act clearly suggests that there must be two or more contending parties and an outside authority to decide those disputes.Thus a presence of lis or two rival parties is must in order to hold the statutory authority as quasi- judicial body.Thus there is a very thin line of difference between both. In circumstances where there are no two rival parties, it is a judicial procedure which is required to be followed in Quasi-Judicial acts and not in Administrative acts.
A.K. Kraipak & Ors. Etc vs Union of India & Ors
Before Supreme Court of India
Decided on: 29 April 1969
Bench: Hidayatullah, M. (CJ.), Shelat, J.M., Bhargava, Vishishtha, hedge, K.S., Grover, A.N.
Author of the judgement: Justice Hegde
Advocates for petitioners:
- K. Sen and E.C. Agrawala (in W.P. No. 173 of 1967)
- Frank Anthony, E.C. Agrawala and A.T.M. Sampat (in W.P.No. 174 of 1967)
- K. Daphtary, E.C. Agrawala, A.T.M. Sampat, S.R. Agarwala and Champat Rai (in W.P.No. 175 of 1967)
Advocates for Respondent:
- Niren De, Attorney-General, N.S. Bindra and R.N. Sachthey ( For respondents no. 1 to 6) (in all petitions)
- R. Gokhale and Harbans Singh (For Respondent Nos. 7 and 26) (in all petitions)