INTRODUCTION
Administration of Justice is the permanent necessity of society and the primary function of the State. It is the civilized substitute for private vengeance and retribution. If any state cannot perform these two functions, it cannot be called a state. Administration of Justice is the maintenance of rights within a political community using the physical force of the state.
MEANING OF JUSTICE
In Black’s Law Dictionary, Justice is defined as,
“Proper administration of law In Jurisprudence the constant and perpetual disposition of legal matters and disputes to render every man his due.”
DEFINITION OF ADMINISTRATION OF JUSTICE
Administration Justice is the Protection of the individual from the unjust and unlawful deeds of others.
According to Salmond:
“Administration of Justice is the process of maintaining Justice within a political community using the physical force of the state. It is the application by the state of sanction of force to a rule of right.”
ORIGIN & GROWTH
The origin and growth of Justice’s administration are identical to man’s head and evolution. It has been grown through the following three stages.
- Primitive Stage (First Stage)
- Transitional Stage (Second Stage)
- Final Stage (Third Stage)
NECESSITY OF ADMINISTRATION OF JUSTICE
Without the administration of Justice, the life of a man living in a society would be insecure, poor, and nasty. Thus, the administration of Justice by the state is essential.
Administration of Justice is Necessary:
- for Uniformity
- for the Protection of rights
- for peace and Stability
- for integration of society
- to check injustice
- to avoid anarchy
- for the smooth running of the state
- to avoid lawlessness
- to educate people
- to promote Justice and fire play
- to promote equity
- to promote the welfare
CLASSIFICATION OF JUSTICE
(a) NATURAL JUSTICE:
It means enforcing rights and punishments of wrongs according to moral standards or conception of right and wrong, just and unjust, appealing naturally to the mind and reason of man.
(b) LEGAL JUSTICE:
It means Justice according to what the law declares to be just.
KINDS OF LEGAL JUSTICE
(a) PUBLIC JUSTICE:
Public Justice is administered by the SState using its tribunals and courts. It is the relationship between court and individual; when a person turns to courts for restitution, he is said to demand public Justice.
(b) PRIVATE JUSTICE:
It comprises all those rules which specially concern the subjects of the SState in their relations to each other, together with those rules common to the SState and its issues.
KINDS OF PRIVATE JUSTICE
(a) CIVIL JUSTICE:
It consists of the enforcement of rights. A wrong that can be the subject matter of a civil remedy is called a civil wrong. Therefore, polite Justice results from the fragment of a private right. If a person’s freedom is violated and it only concerns or directly affects him, it will be death with Civil Justice.
(b) CRIMINAL JUSTICE:
It deals with criminal proceedings with the object of punishing the wrongs. A wrong that can be considered as subject matter of a criminal proceeding is calling. Therefore, criminal Justice results from the infringement of a public right.
MERITS OF ADMINISTRATION OF JUSTICE
The advantages of the administration of Justice are stated as follows: (i)
1. Provides Uniformity:
Laws of the SState are the same for all individuals. There are no discriminations or classifications in legislated directions unless there is a good reason. Their administration of Justice ensures Uniformity.
2. Provides Stability:
Laws applied and administered in the course of administering Justice the SState enacts. So, because of the state-enacted laws, there is Stability in governing people and people’s private lives. Since there can be rest, people have a way of redress in cases of injuries.
3. Provides Certainty:
It is a fact that the law is more specific and clear when it is codified. A codified piece of legislation helps to remove ambiguities. When the administration of Justice is in process, the outcome of problems is inevitable. Uncertainty has also made men feel uncomfortable. Thus, Certainty and clarity pervaded by the administration of Justice is another point in its favour.
4. Impartiality:
Everyone is equal before the law. The rules and regulations apply to everyone in the same canner. Thus, there is no room for partiality and bias.
5. Security:
Laws define rights and duties. Administration of Justice guarantees that their rights are safeguarded and tasks are performed. Thus, a general feeling of security is prevalent in society.
6. Provides Justice:
The most important advantage is that the administration of Justice ensures that every person is given equal Justice and his due share.
7. Represents collective wisdom:
Legal Justice represents the collective wisdom of people and lawmakers accumulated over many centuries. Thus, when Justice is being administered, the knowledge of centuries is behind one man’s decision, i.e., the Judge.
8. Keeps the powers of Decision makers in check:
The administration of justice deals with the administration of enacted law. Thus, Judges can make decisions only by law. Besides, they can only apply rules and not legislate them.
DEMERITS OF ADMINISTRATION OF JUSTICE
Following are the various disadvantages/demerits of Justice concerning the law.
1. Complexity:
Modern society is becoming increasingly complicated, and if the law is to serve Its needs, it has to be complex. Efforts are occasionally made to codify or simplify the legal system, but the law becomes complicated very soon.
2. Formalities and Technicalities:
In the administration of Justice, Judges are more concerned with the form than the content of legal matters. They are also worried about the legal technicalities that sometimes lead to injustice.
3. Rigidity:
Law has already been laid down in precedents, but it is not always possible to adjust it to the changing needs of society. Society may change more rapidly than legal Justice and result in hardship and injustice in some instances.
CONCLUSION
The administration of Justice plays a vital role in a state while adequately performing the administrative machinery. Otherwise, restlessness and anarchy would prevail.
FAQs
What is the Administration of Justice? Briefly trace its origin.
(2019-A)
Define Administration of Justice. Trace the origin of the Administration of Justice.
(2019-A five years)
Explain the origin and necessity of “Administration of Justice”? Also, discuss various kinds of Justice.
(2017-S)
What do you understand by the term “Administration of Justice”? Discuss its origin.
(2016-S, 2015-S)
“Law is the body of Principles recognized and applied by the courts in the Administration of Justice”. Discuss.
(2012-A)
Discuss “justice according to law” and explain its advantages and disadvantages.
(2010-S)
