Question

Sec. 47(3), Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. Explain the nature of the function exercised.

• A. This is a judicial function, as the Authority's decision is based on an official policy.
• B. This is a quasi-judicial function, as the Authority's decision is based on an official policy.
• C. This is an administrative function, as the Authority's decision is based on an official policy.
• D. None of the above

Hint:

A key test to identify a quasi-judicial function is to check if the authority has a duty to act judicially. If the decision-making process involves determining rights and liabilities of parties after hearing them, it is likely a quasi-judicial function, even if performed by an administrative body.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to classify the nature of the function performed by a Regional Transport Authority (RTA) when deciding on the number of permits to issue. This requires distinguishing between administrative, judicial, and quasi-judicial functions.
- Administrative function: Purely executive, applying a rule without discretion or adjudication of rights.
- Judicial function: Performed by a court, involves a dispute between parties, application of law to facts, and a binding decision.
- Quasi-judicial function: A function performed by an administrative authority that has some characteristics of a judicial function. It involves investigation, hearing parties, and making a decision that affects the rights of individuals. The authority is required to act fairly and follow principles of natural justice.
Step 2: Detailed Explanation:
When the RTA decides to limit the number of stage carriage permits under the Motor Vehicles Act, it is not just mechanically applying a rule. The decision-making process involves:
1. A proposal to limit permits.
2. Hearing objections from interested parties (like existing operators or potential applicants).
3. Considering factors like public interest, adequacy of existing services, etc.
4. Making a decision that directly affects the rights of individuals to carry on a trade or business.
This process has the trappings of a judicial inquiry—it involves a dispute (\textit{lis inter partes}) and the determination of rights. However, it is performed by an administrative body, not a court, and is often guided by policy considerations. Therefore, it is not purely judicial but is best described as quasi-judicial. The fact that the decision is based on an official policy does not make it purely administrative; rather, the policy guides the quasi-judicial discretion.
Step 3: Final Answer:
The function exercised by the RTA is a quasi-judicial function.