RELEVANCE- HP MAINS GS PAPER -2
WHAT IS QUASI-JUDICIAL BODY?
A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitrator or tribunal board which has powers and procedures resembling those of a court of law or judge.
In simple terms these are the bodies which have partial judicial power (not full judicial power)
QUASI JUDICIAL BODIES IN HIMACHAL PRADESH
-Himachal pradesh have many departments which have been assigned some sort of judicial power through their act but in this article we will restrict only upto Main and major quasi judicial bodies in Himachal pradesh
1. HIMACHAL PRADESH STATE HUMANS RIGHT COMMISSION-
The Protection of Human Rights Act of 1993 provides for the creation of State Human Rights Commission at the state level. A State Human Rights Commission can inquire into violation of human rights related to subjects covered under state list and concurrent list in the seventh schedule of the Indian constitution
Human Rights (Amendment) Act, 2006 consists of three members including a chairperson. The chairperson should be a retired Chief Justice of a High Court.
The other members should be:
(i) A serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District judge.
(ii) A person having practical experience or knowledge related to human rights.
The Governor of the state appoints the chairperson and other members on the recommendations of a committee consisting of the Chief Minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. The chairman and the leader of the opposition of legislative council would also be the members of the committee, in case the state has legislative council.
Functions of the Commission:
According to the protection of Human Rights Act, 1993; below are the functions of State Human Rights Commission:
(a) Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into complaint of violation of human rights or negligence in the prevention of such violation by a public servant.
(b) Intervene in any proceeding involving any allegation of violation of human rights before a Court with the approval of such Court.
(c) Visit any jail or any other institution under the control of the State Government where persons are detained to study the living conditions of the inmates and make recommendations thereon
(d) Review the safeguards provided by or under the constitution of any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
(f) Undertake and promote research in the field of human rights.
(g) Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights.
ISSUES –
-the major issue with respect to this commission in Himachal pradesh is that- The POST OF CHAIRPERSON OF HIMACHAL PRADESH STATE HUMANS RIGHT COMMISSION is vacant since long time which somehow affect the credibility and efficiency of this institution in Himachal pradesh
2.THE STATE CHIEF INFORMATION COMMISSION
Office of state chief election Commissioner is located in district Shimla. And was constituted in 2006 under RTI act 2005
This commission is the top most appellate authority with respect to RTI in Himachal pradesh
It is a quasi judicial body. Right to Information Act provides provisions for creation of State Information Commission
-The State Information Commission is a high powered independent body which inter-alia looks into the complaints made to it and decide the appeals. It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the concerned state government.
-The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.
-They are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister.
Quasi Judicial Powers and Functions
1. It is the duty of the Commission to receive and inquire into a complaint from any person
2. The Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power).
3. While inquiring, the Commission has the powers of a civil court in respect of civil matters:
4.During the inquiry of a complaint, the Commission may examine any record which is under the control of the public authority and no such record may be withheld from it on any grounds
5.The Commission has the power to secure compliance of its decisions from the public authority.
3.HP LOKAYUKTA.
LOKAYUKTA-The Lokayukta is an anti-corruption authority .The Lokayuktainvestigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances
LOKAYUKTA in Himachal pradesh-
– formed under Hp lokayukta act 1983
APPOINTING AUTHORITY–
Governor of Himachal pradesh
– ELIGIBILITY- person who has been judge of supreme Court or Chief Justice of high court
Justice TVR tatachari was the first lokayukta of Himachal Pradesh
TERM-of office if Lokayukta is 5 year from the date upon which he enters office
– Vacancy in office shall be filled as soon as possible but not more than 6 month
REMOVAL– by governor only after an address by Himachal legislative Assembly Supported by Special Majority
Ground of removal- Proved misbehaviour and incapacity
4.HIMACHAL PRADESH STATE CONSUMER REDRESSAL COMMISSION
-The Government of India enacted a Statue through Parliament named as Consumer Protection Act, 1986. Its implementation was left to the State Governments.
The State Government implemented it on different dates. Under the Act, there is a provision for the formation of State Consumer Protection Councils and National Consumer Protection Council. There is a provision for the establishment of three tire redressal machinery known as National Consumer Disputes Redressal Commission i.e. National Commission, the State Consumer Disputes Redressal Commission known as State Commission and the District Consumer Disputes Redressal Forum known as District Forum.
In Himachal Pradesh, the State Government has established the State Commission and a District Forum in the first instance with its headquarters at State Capital Shimla which started functioning w.e.f. 01.11.1989 and also the H.P. State Consumer Protection Council was formed. The posts were created in the Department of Food and Supplies, Himachal Pradesh and Director Food and Supplies, being the Head of Department filled up all these posts. In the lone District Forum, at Shimla, staff was provided by the Director Food and Supplies, H.P.
The First President of State Commission was Mr. Justice V. P. Gupta a retired Judge of Himachal Pradesh High court.
There are total 4 District Forums in Himachal pradesh which were formed under this act for consumer redressal
These are
1.Shimla District Forum Having area of jurisdiction- Shimla, Sirmour and Kinnaur Districts.
2.Mandi District Forum Having area of jurisdiction- Mandi, Kullu, and Lahaul Spiti Districts.
3.Una District Forum Having area of jurisdiction- Una , Hamirpur and Bilaspur Districts.
4.Kangra District Forum at Dharamshala Having area of jurisdiction-Kangra, Solan and Chamba