Administration of Justice

The administration of justice serves as the bedrock of any civilized society. It embodies the principles of fairness, equity and the rule of law, ensuring that individuals’ rights are protected and disputes are resolved in an orderly manner.

Whether through the criminal justice system’s pursuit of wrongdoers or the civil justice system’s provision of remedies to the injured, it plays a pivotal role in maintaining social order and fostering trust in the legal framework.

What is Administration of Justice?

Administration means management and justice means doing what is fair and right. When we talk about the administration of justice, we are talking about how a government keeps things fair and right within its borders by using its power to enforce the rules. To make sure justice is done, a government needs to have the power to use force when necessary. There are two important things every government must do:

• Protect the country from enemies and
• Keep things fair and right within its borders.

According to Salmond, a government is a group of people living in a specific area who are organised to keep order and fairness by using force when needed. Governments make and enforce laws to maintain peace and keep society safe. If a government can’t do this, it can’t really be called a government. The main job of the administration of justice is to protect people’s rights, make sure laws are followed and punish those who break the law.

Administration of justice refers to the system and processes through which laws are enforced and disputes are resolved within a society. It encompasses the application of legal principles, the investigation of alleged violations and the imposition of sanctions or remedies when individuals or entities breach established rules and rights.

The administration of justice can be defined in three key points:

• A Politically Organised Society: This means that there is a structured government or society in place to oversee and manage how things are done. It’s not a free-for-all; there are rules and order.
• The Use of Government Force: The government has the authority and power to use physical force when necessary to maintain order and ensure that people follow the rules and laws.
• The Goal of Upholding Rights: The primary aim is to ensure that everyone’s rights are protected and respected. It’s about making sure that people are treated fairly and justly within the society.

Objectives of Administration of Justice

The primary objectives of the administration of justice are to maintain order, protect individual rights, ensure fairness and uphold the rule of law.

This multifaceted concept includes both criminal and civil justice systems, with the former focusing on the punishment of offenders and the latter on providing remedies and compensation to those who have suffered harm. A well-functioning administration of justice is essential for promoting social harmony and resolving conflicts within a community.

Origin and Growth of the Administration of Justice

It is human nature to want to live together in a community. We are social beings and this social nature compels us to be part of a society. However, when people live together, their different interests can sometimes lead to conflicts, which is why we need a system for administering justice. In the early days, people would turn to their elders to settle disputes among them.

This marked the beginning of the development of human societies, progressing from simple, natural communities to more complex and civilized ones. This progression is considered the historical foundation for the evolution of systems to administer justice.

As the need for a formal system of justice became evident, the concept of the State was born. In the beginning, these early forms of the State didn’t have the strength to effectively control crime and punish wrongdoers. However, today, we have Magistrates and Judges who are responsible for carrying out this essential function.

According to Hobbes, he believed that a common power, in the form of a government or authority, is necessary to keep people in check within a community. He argued that without this common power, individuals would be unrestrained and chaos could prevail. In his words, unless people are under “a common power to keep them all in awe,” society will struggle to maintain order.

Advantages of Administration of Justice

Uniformity and Consistency in Law

The administration of justice ensures that laws are applied consistently and uniformly. This helps in the systematic development of the legal system, making it fair and predictable.

Collective Wisdom

The rules of law are a reflection of the collective wisdom of the community. Following these rules reduces the chances of making wrong decisions. As Sir Edward Coke noted, the wisdom of the law surpasses any individual’s wisdom and justice represents the wisdom of the entire community.

Consistent Application

With fixed rules in place, judges can apply the law consistently, ensuring that similar cases are treated similarly.

Regulation of Conduct

When citizens know the law, they can regulate their behaviour accordingly. This promotes a law-abiding society where people understand the boundaries and consequences of their actions.

Disadvantages of Administration of Justice

Rigidity

Legal justice can be inflexible. Societal changes often occur more rapidly than changes in legal systems, leading to situations where the law may not adequately address new challenges.

Technicalities and Formalities

Legal justice can be filled with technical jargon and formal procedures, making it complex and difficult for ordinary citizens to navigate without legal assistance.

Complexity

Society is intricate and dynamic, requiring complex laws to address its evolving needs. This complexity can sometimes lead to confusion and difficulties in interpretation and enforcement.

Unintended Consequences

While the law serves as a remedy for many problems, it can also have unintended negative consequences, as noted by Salmond. Sometimes, the legal system itself can create new issues or injustices.

Types of Administration of Justice

Criminal Administration of Justice

The administration of criminal justice deals with public wrongs, which are offences outlined in the Indian Penal Code (IPC). Its primary aim is to punish offenders. Punishment, in this context, refers to the imposition of consequences, typically considered undesirable (e.g., imprisonment or death penalty), by the state authority upon individuals found legally guilty of committing a crime.

The primary objectives of criminal justice are to punish wrongdoers (offenders) and maintain law and order in society. The state is responsible for punishing criminals. Punishment serves various purposes, including deterring individuals from repeating crimes, expressing society’s disapproval of antisocial behaviour and seeking to reform and rehabilitate offenders while protecting society from criminal activity.

Civil Administration of Justice

Civil justice administration aims to provide relief, often in the form of compensation or other remedies, to the injured party. It deals with the enforcement of two types of rights: primary rights and sanctioning rights.

Primary rights are those inherent rights that exist independently and do not stem from any wrongdoing.

Sanctioning rights emerge as a result of the violation of primary rights. When a primary right is infringed upon, a sanctioning right comes into play. For instance, if a valid contract (a primary right) is breached, the right to claim damages for the losses suffered due to the breach becomes a sanctioning right.

Primary rights can be enforced through specific performance while sanctioning rights are enforced through sanctioning enforcement proceedings.

Conclusion

A just society is one where the administration of justice is not only robust but also reflective of the core values of its people. It stands as a testament to a society’s commitment to upholding the principles of fairness and equality, ensuring that the rights and dignity of every individual are safeguarded.