WHAT IS ADMINISTRATION OF JUSTICE? EXPLAIN ITS KINDS. DISTINGUISH BETWEEN CIVIL AND CRIMINAL JUSTICE.
what is the administration of justice?
According to Salmond : -
”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 law. There are a number of other factors such as the social sanctions, habit and convenience which help in the obedience of 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 itAccording to Austin:
‘Law is the aggregate of rule set by men as politically superior, or sovereign, to men as politically subject.” It means law is command of sovereign. In his definition Command, duty and sanction are the three elements of 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 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 is by nature a fighting animal and force is the ultima ratio of all mankind. As Hobbes puts it “ without a common power to keep them all in awe, it is not possible for individuals o live in society. Without it injustice is unchecked and triumphant and the life of the people is solitary, poor, nasty, brutish and short.” Salmond says however orderly a 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 administrative of justice may be divided into two parts:-1) Civil.
2) Criminal.
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.
Primary right;-
Primary right are those rights which exists as such and do not have their source in some wrong.Sanctioning or remedial rights;-
Sanctioning or remedial rights are those which come in to 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 injunction, restitution and specific performance of contract etc.
2. Administration of Criminal Justice:-
The object of the 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 the criminal justice is to punish the wrongdoer.DIFFERENCE BETWEEN CIVIL AND CRIMINAL 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 Is filed in the criminal court.
- The main remedy in civil Cases is damages.
- The main remedy in criminal cases is to Punish the offender.
- In the civil cases, the court Follows the procedure Prescribed in Civil Procedure Code.
- In the criminal cases, the court follows the procedure laid down in 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.
