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ADMINISTRATION OF JUSTICE[1]

 

 

QUESTION BANK

Q.1      Explain the concept of administration of justice. State the different kinds of administration of justice systems.

SHORT NOTES

1. Justice System.
2. Criminal Justice System.

I. INTRODUCTION-

            Protection of its citizens from external aggression (i.e. from war) and maintenance of peace and order within the political community by means of physical force (i.e. punishment) are the two most important functions of the state. Thus, the physical force of the State for the administration of justice is very important. In the primitive era, private vengeance and violent self-help were the means available to victims to take revenge against the offenders.

           However, this poor early state of justice gradually changed with the change in the concept of the state. Nowadays, civilized states are judged by their administration of the justice system.

          Salmond defines “ law’ as the body of principles recognised and applied by the State in the administration of justice”.

II. IMPORTANCE OF ADMINISTRATION OF JUSTICE-

             Jermy Taylor had once observed, “A herd of wolves is quieter and more at once than so many men unless they all had one reason in them or have one power over them”. In other words, man is the most selfish animal, and the State’s coercive authority is necessary to keep him within limits and restrain. Unfettered and unrestrained liberty leads to a state of anarchy and chaos. Therefore, Herbart Spenser mentioned the need to limit individuals’ liberty. He laid limits on personal liberty by saying, “Every man is free to do what he desires provided he infringes not with the equal freedom of any other”. Thus, liberty should extend within the limit permitted by the law.

            Thus, for the development of society, the administration of justice by the physical force of the State is necessary.

III KINDS OF ADMINISTRATION OF JUSTICE-

           Administration of justice can be divided into two parts viz-

(i) Civil and (ii) criminal. However, Blackstone calls them ‘private wrongs’ and ‘public wrongs’. According to him, ‘private wrongs’ are violations of civil or legal rights of individuals and are therefore called civil injuries, whereas ‘public wrongs’ are violations of public rights and duties which affect the community as a whole and are called ‘crime’ or ‘misdemeanours’. Thus, in other words, a crime is a wrong against the community as a whole and is publishable by the state, whereas a civil wrong is an infringement of the legal right of an individual and is redressable by monetary compensation or by conferring rights.

1) Civil Justice[2]–

         The object of civil justice is the enforcement of rights. Such rights may either be primary or sanctioning rights.

Primary and Sanctioning Rights-

            ‘Primary rights’ are a bundle of rights which are the privileges enjoyed by any person. These are the rights in themselves, and they do not have their source in some wrong. E.g., a person’s right to liberty, safety, reputation, etc.

   ‘Sanctioning’ or ‘remedial rights’ are those rights which come into existence after the violation of primary rights. For example, one’s right ‘not to be defamed’ is his primary right, and the right to get compensation for defamation is a remedial or sanctioning right.

          ‘Primary rights’ exist independently, while remedial or sanctioning rights have no such independent existence and arise only on the violation of ‘primary rights’.

             These rights can be enforced by ‘specific enforcement’ or ‘Sanction enforcement.’

i) Specific enforcement[3]–

            Enforcement of a primary right as it exists is ‘specific enforcement’, e.g., specific performance of a contract, repayment of debt, etc. When the primary right itself is enforceable, there is no question of enforcing a sanctioning right.

ii) Sanctional enforcement-

            The cases in which primary rights cannot be enforced specifically are enforced by ‘Sanctional enforcement’.

            Moreover, in some cases, even though the court can order ‘specific enforcement’ but resists awarding specific enforcement, it awards damages. For example, if there is an agreement or promise of ‘A’ to marry ‘B’ but now ‘A’ has changed his mind and does not want to marry B, though the court can enforce specific performance, it would still resist awarding specific performance, taking into consideration the very nature of the agreement.

2) Criminal Justice system-

            Administration of Criminal justice is a very important function of the State. The main purpose of the administration of the criminal justice system is to punish the offender. It is the state that punishes the criminal. Punishment is the pain inflicted upon the offender or loss caused to him by his criminal act. The objects of punishment may be manyfold, such as deterring him from his criminal act, deterring him from repeating crimes, satisfying the victim’s veganism, or preventing him from committing offences.

   With different objects and ideologies, there are several theories of punishment viz-

(1) Deterrent Theory-

(2) Retributive Theory-

(3) Preventive theory

(4) Reformative theory-

   Similarly, there are several types of punishments, such as-

1) Capital or death punishment;

2) Imprisonment-

1. a) Life imprisonment,
2. b) Imprisonment for a specific period.

   Such imprisonments may be simple (i.e. without hard work) or rigorous (i.e. with hard work). There may be solitary confinement.

3) Forfeiture of property.

4) Fine.

(Refer to the topic “Types of Punishments” from I.P.C notes).

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[1] न्यायदान व्यवस्था [न्याय प्रणाली ]

[2] दिवाणी [नागरिक ]

[3] विशिष्ठ अंमलबजावनी / मुळ अधिकारांची अंमलबजावनी [मौलिक अधिकारों का विशेष क्रियान्वयन/कार्यान्वयन ]