Introduction to the administration of Justice:-
The administration of justice is meant the maintenance of right within a political community by means of the physical force of the state. For the sound administration of justice, the physical force of the state is a prime requirement
Administration of Justice:-
“The administration of justice implies the maintenance of right within a political community by civilized substitute for the primitive practice of private vengeance and violent self-help.”
This has been criticized on the ground that it is not the force of the state alone that secures the obedience of the law. There are a number of other factors such as social sanctions, habit, and convenience which help in the obedience of the law. In civilized societies, obedience to law becomes a matter of habit and in very rare cases the force of the state is used to secure it
‘Law is the aggregate of the rule set by men as politically superior, or sovereign, to men as politically subject.”
It means the law is the command of the sovereign. In his definition Command, duty and sanction are the three elements of the law.
The fundamental difference between the definitions of the two jurists is that whereas in the definition of Austin, the central point of law is sovereign, in the definition of Salmond, the central point is Court.
In fact, both the definitions are not perfect and present two aspects of the law. Salmond: Points out that men do not have one reason in them and each is moved by his own interest and passions. The only alternative is one power over men. Men are by nature a fighting animal and force is the ultima ratio of all mankind.
“without a common power to keep them all in awe, it is not possible for individuals to live in society. Without it, injustice is unchecked and triumphant and the life of the people in solitary, poor, nasty, brutish, and short.”
Salmond says however orderly society may be, the element of force is always present and operative. It may become latent but still exists.
KINDS OF ADMINISTRATION OF JUSTICE
The administration of justice may be divided into two parts:-
1. Administration of Civil Justice:
The wrongs which are the subject-matter of civil proceedings are called civil wrongs.
The rights enforced by civil proceedings are of two kinds
(1) Primary and
(2) Sanctioning or remedial rights.
A. Primary Right-
The primary right is those rights that exist as such and do not have their source in some wrong.
B.Sanctioning or remedial rights-
Sanctioning or remedial rights are those which come into
existence after the violation of the primary rights. The object of the civil administration of justice is to ascertain the rights of the parties and the party who suffers from the breach of such rights is to be helped by way of paying damages or getting an injunction, restitution, and specific performance of a contract, etc.
2. Administration of Criminal Justice:-
The object of criminal justice is to determine the crime of a person who is charged with the doing of an offence. The criminal court after proving that the offender is guilty of the offence charged awards him the punishment of fine, imprisonment as prescribed by criminal law. A convicted person is awarded physical pain. Thus the main purpose of criminal justice is to punish the wrongdoer.
also read:- compulsive bail
DIFFERENCE BETWEEN CIVIL AND CRIMINAL ADMINISTRATION OF JUSTICE
Civil Administration of Justice In the civil case the suit is filed in the civil court. Criminal Administration of Justice In the criminal cases the proceedings are filed in the criminal court.
The main remedy in civil Cases is compensation to damages. The main remedy in criminal cases is to Punish the offender.
In civil cases, the court Follows the procedure Prescribed in the Civil Procedure Code. In criminal cases, the court follows the procedure laid down in the Criminal Procedure Code.
In civil cases, the action is taken By the injured party and the Suit is established by himself By giving evidence. In criminal cases, the proceeding is taken by the state and the injured party is called out as a witness by the state.
reference:- Legal service India