​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Difference between Court and Quasi-Judicial Tribunal

​Meaning of Court and Quasi-Judicial TribunalThe Bharatiya Sakshya Adhiniyam generally applies to proceedings before courts and not to inquiries conducted by quasi-judicial tribunals. Tribunals are mainly required to follow the principles of natural justice unless a statute specifically makes the law of evidence applicable to them.
A court is an authority established to decide disputes judicially and pronounce binding judgments regarding the rights and liabilities of parties. A quasi-judicial tribunal, although performing adjudicatory functions, may not possess all the essential attributes of a court.

Judicial Test to Determine a Court
In Shri Virindar Kumar Satyawadi v. State of Punjab, the Supreme Court explained that a court is distinguished from a quasi-judicial tribunal because it is charged with the duty to decide disputes in a judicial manner and declare the rights of parties through a definitive judgment.
To decide judicially means:

• Parties have a legal right to be heard.
• Parties may adduce evidence in support of their claims.
• The authority must decide on the basis of evidence and according to law.

Therefore, while deciding whether an authority is a court, the important consideration is whether it possesses all the essential judicial attributes.

Characteristics of a Court
A court generally has the following features:

• It follows judicial procedure.
• It records and evaluates evidence.
• It decides disputes according to law.
• It has power to administer oath to witnesses.
• It pronounces binding and enforceable judgments.
• The Bharatiya Sakshya Adhiniyam fully applies to its proceedings.

Characteristics of a Quasi-Judicial Tribunal
A quasi-judicial tribunal performs adjudicatory functions but does not possess all the powers of a court.
Its main characteristics are:

• It follows principles of natural justice rather than strict judicial procedure.
• The BSA generally does not apply unless specifically provided by statute.
• It may adopt flexible procedures.
• It may or may not possess powers such as administering oath or recording formal evidence.
• Its decisions are administrative or quasi-judicial in nature.

Case Law: State of Madhya Pradesh v. Anshuman Shukla
In State of Madhya Pradesh v. Anshuman Shukla, the Supreme Court held that authorities empowered to examine witnesses on oath possess an important characteristic of a court.
The Court further observed that the Arbitral Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, was a court because:

• It was created by statute.
• It exercised judicial powers.
• It could examine witnesses on oath.
• Its award was treated as a decree under the Code of Civil Procedure, 1908.

Thus, the tribunal possessed the essential features of a court.

Difference between Court and Quasi-Judicial Tribunal (Note Form)Court

• Judicial body established by law.
• Decides disputes according to strict legal procedure.
• Parties have a right to lead evidence.
• Applies provisions of the Bharatiya Sakshya Adhiniyam.
• Can administer oath to witnesses.
• Pronounces definitive and enforceable judgments.
• Decisions are based strictly on evidence and law.

Quasi-Judicial Tribunal

• Administrative or adjudicatory authority.
• Mainly follows principles of natural justice.
• Procedure is comparatively flexible.
• BSA generally not applicable unless specifically provided.
• May not always administer oath or follow strict evidence rules.
• Passes administrative or quasi-judicial orders.
• Functions are partly judicial and partly administrative.

Conclusion
​The distinction between a court and a quasi-judicial tribunal depends upon the powers exercised, the procedure followed, and the nature of the decision-making process. A court possesses complete judicial authority and follows strict legal procedures, whereas a quasi-judicial tribunal mainly functions according to principles of natural justice and does not necessarily possess all attributes of a court.