Administration of Justice
UNIT –II
Introduction
Functions of State
➢ War
➢ Administration of Justice
Meaning
Administration of Justice means ‘Justice according
to Law’.
Administration of Justice implies three things :
➢ The State
➢ The Law
➢ Securing evidence to law by physical force
Origin and Development of the Concept of
Administration of Justice
First Stage : Self help and it was based on Private
vengeance.
Second Stage : Political States , tooth for tooth and
eye for eye.
Third Stage: Public Inquiry and Vengeance .
Advantages
Uniformity and Certainty
Impartiality.
Collective Wisdom
Disadvantages
Rigidity of Law.
Technicality of Law.
Complexity of Law.
Kinds
Civil Administration of Justice.
Criminal Administration of Justice.
Administered by two different set of Courts.
Administration of Civil Justice Administration of Criminal
Justice
The object of civil proceedings The object of criminal
is to enforce rights proceedings is to punish the
wrongs.
Civil liability is mostly Criminal liability is on the
remedial whole, penal.
In Civil Case, the Court frames In Criminal Case, the accused
issues as to whether the civil person is on trial for the
rights of a person are violated offence, and the question is
and if so, whether he is entitled whether such a person is guilty
to any relief. or not. In a civil case, on the
other hand,
A Civil proceeding determines A Criminal proceeding
Theories of Punishment
Deterrent Theory
Preventive Theory
Retributive Theory
Reformative Theory
Theory of Compensation
Kinds of Punishment
Capital Punishment
Deportation
Corporal Punishment
Imprisonment
Indeterminate Sentence
Functions of Courts
Primary Function
Secondary Function
Primary Functions
Administration of Justice.
Justice is administered by the Court by the
enforcement of right and the Punishment of Wrongs.
It involves two parties:
➢ Plaintiff
➢ Defendant.
Secondary Functions
➢ Petition of Right ( Action against the State)
➢ Declaration of Right
Eg: Declaration of Legitimacy or Nullity of Marriage
➢ Administration
Eg: Administration of Trusts, Liquidation of a Company
➢ Title of Rights
Eg: Divorce degree , Judicial Seperation
Procedure in administering Justice in Courts
➢ Summons
➢ Pleadings
➢ Proof
➢ Judgment
➢ Execution
How Justice is Administered?
The function of the Judge is to ascertain the true state
of facts and then to determine the rule of law by
which those facts are governed.
A question of law is a question involving judicial
interpretation of a point found in some Statute or
Judicial decision or ordinance or rule.
A question of Fact is a question involving the arrival
at a truth.
Inductive Method
Inductive method involves reasoning from specific
examples to propose a general rule. ... Deductive
logic is the reverse: reasoning based upon a general
rule to determine the appropriate outcome in a
specific case.
Deductive Method
Reasoning based upon a general rule to determine
the appropriate outcome in a specific case.
Typically, deductive logic is applied in reasoning
from statutes, which form a rule of general
application under which specific facts may fall.
Question of Law and Fact
All questions which arise for consideration and
determination in a Court of Justice are of three kinds:
➢ Question of Law
➢ Question of Fact
➢ Question of Law and Fact
Question of Law
The question of Law is :
➢ A question which the Court is bound to answer
according to law, or
➢ A question as to what the law, on a particular point
really is or
➢ Any question decided by the Judge and not by the
Jury.
Question of Fact
Fact is derived from the Latin word ‘Factio’ which
means ‘to do’ or ‘ Something which has been done’
or ‘Which has happened’.
The term question of fact is used in different senses:
1. All those questions which are questions of law
are questions of fact.
Question of Fact
Any question which ahs not been previously determined by
the rule of law.
➢ Any question other than a question as to what the law is on a
particular point.
➢ The expression question or matter of fact is a matter of fact as
opposed to matter of opinion.
Mixed question of Law and Fact
These are questions which are partly questions of
Law and partly of Law.
Justice
Justice means the implementation of concepts like equality
and liberty.
Corrective Justice
Distributive Justice
Distributive Justice
Distributive justice has been applied to a society when all
members are assured of a basic level of goods, an equal
opportunity to acquire more goods and receive the same
amount of goods for the same amount of work. The major
tenets of distributive justice are equality, proportionality and
fairness.
Falls in the area of legislature or delegated legislation.
Indian Constitution and Distributive Justice
Article 14
Article 15
Article 16
Article 30
Article 38(1)
Article 39
Corrective Justice
Corrective Justice is yet another form of social
justice . Salmond observed by applying justice in its
corrective sense is the primary concern of law and
Courts through the process of adjudication.
Corrective Justice and Indian Constitution
Danial Lathif v .Union of India
Olga Tellis v. Bombay Municipal Corporation
Rudal Shah v. State of Bihar.
Bhim Singh v. State of Jammu and Kashmir
Nilabathi Behra v. State of Orissa
International Law
The term ‘International law’, also referred to as Laws
of Nations was first coined by Jeramy Bentham in
1780.
International law consists of rules and principles
governing the relations and dealings of nations with
each other, as well as the relations between states and
individuals, and relations between international
organizations.
Objects
Promotion of friendly relations among the member states
(members of the International community, for example,
United Nations),
Providing for basic humanitarian rights,
To solve International problems through international
cooperation,
To refrain the state from using threat or force over the
territory of any other state to provide for the right to self-
determination to people, and
To use peaceful methods to settle international disputes
are few of its functions.
Sources of International Law
The Statute of the ICJ, Art. 38 identifies five
sources:-
(a) Treaties between States;
(b) Customary international law derived from the
practice of States;
(c) Judicial decisions and the writings of “the most
highly qualified publicists”.
Subjects of International Law
State.
International organizations.
Individual.
Kinds
Public International Law
Private International Law
Whether International Law is true Law ?
Pacta Sunt Servanda
Pacta Sunt Servanda is a Latin word that
means agreements must be kept.
Vienna Convention on the Law of Treaties of
1969 (VCLT).
