ADVANTAGES AND DISADVANTAGES OF ADMINISTRATION OF JUSTICE
Without the administration of justice, it is possible to keep the people in fear of punishment or compensation for violation of the law, and in the process, people are kept disciplined and made to obey the law.
Force in all orderly societies in the form of administration of justice has now become latent by declaring the rights and duties of its subjects.
Justice is precisely treating like cases alike and giving fair and equal treatment to all persons, irrespective of status, religion, caste, sex, race, place of origin, etc., In other words, in rendering justice, there should not be singling out of persons for special treatment, unless there are special circumstances for doing so.
Justice is thus an ideal concept. It is like truth. Law helps judges to pursue justice. Justice is also the conscience of the whole of society. Justice includes individual liberty for achieving individual and social welfare. At the same time, justice confines such liberty within limits, consistent with the general welfare of mankind.
Salmond defines the administration of justice as ‘the maintenance of right within a political community using the physical force of the state’. It includes all the aspects connected with the administration of justice, not merely with the filing of cases in a Court but pronouncement of judgments and their execution.
One of the essential functions of the state is the administration of justice. Law, being the instrument of justice, Courts of justice are also Courts of law, because justice has to be rendered according to law.
NECESSITY OF ADMINISTRATION OF JUSTICE
In primitive days, man redressed his grievances by taking revenge on his enemies with his hand.
To live a decent and orderly life in society, the State should have powers of force against wrongdoers and law violators.
The administration of justice is the modern and civilized substitute for the primitive practices of private vengeance and self-help.
Administration of justice means justice according to law. According to Salmond, it means the maintenance of rights within a political community using the physical force of the State.
The physical force of the state is the sole or exhaustive factor for a sound administration which also helps obedience to the law. These factors are social sanctions, habits, conveyance, etc.
NEED FOR ADMINISTRATION OF JUSTICE
- In determining a nation’s rank in a political organization, the test is how effective is its administration of justice.
- A state may not be called a state if it has failed to discharge its functions concerning the administration of justice.
- Life becomes risky in a society in which there is no preservation of the rights of men and no prevention of injustice.
- There may not be any necessity for the administration of justice in a utopian form of society, but in the present materialistic world, it is impossible to live without the machinery of justice.
- Administration of justice, thus, must be regarded as a permanent and necessary element of civilization and as a device that admits of no substitute.
REASONS FOR THE NEED FOR ADMINISTRATION OF JUSTICE
Administration of Justice is one of the most important functions of a government, because of the following reasons:
- Law exists to bind together the community;
- It is sovereign and could not be violated even at the inception of civilization;
- Anti-social elements in society are required to be coerced by the police force and by imprisonment.
- People of wicked nature need teaching and discipline to be right. Hence for the maintenance of legal rights and the prevention of wrongs and injustice, there must be efficient administration of justice according to pre-declared principles of law.
- Sir Salmond observed, “Man being selfish, society can exist only under the shelter of the state and to achieve this, the law and notice of the state must be a permanent and necessary condition of peace, order, and civilization.
ADVANTAGES OF LEGAL JUSTICE
There are three main advantages of the administration of justice according to fixed principles of law.
- Uniformity and certainty in the administration of justice are ensured by a legal system. If the law is not certain and known to the people, then its guidance would be useless the Judges enforce the law uniformly as they know the law. The people act accordingly to abide by the law.
- Law assures impartiality in the administration of justice. Judges may sometimes be influenced by improper motives but the public will easily observe and redress such mischief. By following fixed legal rules, impartiality is secured.
- The rules of law are the outcome of the collective wisdom of the community and its knowledge of – what is needed in the society. The Judges have to be reasonable and arrive at fair conclusions, by using their experience and wisdom. Lord Coke says, ‘the wisdom of the law is wiser than any man’s wisdom’.
- If the law has fixed rules, then it acts as a protection against arbitrary and biased decisions. The administration of justice according to law is therefore regarded as one of the first principles of political liberty.
- Thus, the law provides uniformity, certainty, and impartiality, but still there are some disadvantages.
DISADVANTAGES OF LEGAL JUSTICE
- Rigidity is a common defect of a legal system. The rigid rules may be hard and result in injustice to some individual cases. Fixed legal principles impart rigidity to the legal system.
- Conservation is the second defect of the legal system. As society is changing, the outlook of men and their view of truth and justice also change. The law also has to change according to society’s views, whereas it is inherently a stationary and conservative force.
- Sometimes, the law gives undue importance to the wording of a statute rather than to its spirit of it. if the wording is defective or ambiguous, justice is hindered.
- As the law reflects the complex activities of civilized life, it has assumed uncontrolled dimensions. Though the complexity is reduced by codification, it cannot solve it completely due to the interpretations and subtle distinctions arising from the provisions of law.
- As the rule of law is fixed and written, ingenuine men devise ways and means to evade and defeat it without affecting the provisions of law.
Thus, there are advantages and disadvantages to a legal system to administer justice. But Salmond concludes that ‘the law is, without doubt, a remedy for greater evils, yet it brings with it evils of its own.
The father of our nation, Mahatma Gandhi felt that true justice lies in opposing injustice, despotism, inequality, separatism, etc. concerning the establishment of a materialistic order based upon truth, fraternity, and equality. As a consequence, the State requires to manage justice in such a way that it should not infringe on the right of another person. The state also should make use of its power and compel to produce justice for the people of the country.
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- Necessity and Origin of the Administration of Justice LawPage, https://lawpage.in/jurisprudence/necessity-and-origin-administration-of-justice (last visited Jun 18, 2022)
- The Concept and Administration of Justice: Jurisprudence Legal Readings, https://legalreadings.com/concept-administration-of-justice/#Importance_of_administration_of_justice (last visited Jun 18, 2022)
- Administration of Justice: Definition and its Kinds – Law with Shaheen, https://lawwithshaheen.com/administration-of-justice-and-its-kinds/ (last visited Jun 18, 2022)
 Jurisprudence Notes- Administration of Justice Desikanoon.co.in, https://www.desikanoon.co.in/2012/08/jurisprudence-notes-administration-of.html (last visited Jun 18, 2022)
 Necessity and Origin of the Administration of Justice LawPage, https://lawpage.in/jurisprudence/necessity-and-origin-administration-of-justice (last visited Jun 18, 2022)
 The Concept and Administration of Justice: Jurisprudence Legal Readings, https://legalreadings.com/concept-administration-of-justice/#Importance_of_administration_of_justice (last visited Jun 18, 2022)
 Administration of Justice: Definition and its Kinds – Law with Shaheen, https://lawwithshaheen.com/administration-of-justice-and-its-kinds/ (last visited Jun 18, 2022)
AUTHOR: Adithya Narayanan,
5 Yr BBA-LLB, SDM Law College,