Q. WHAT IS ADMINISTRATION OF JUSTICE? EXPLAIN ITS KINDS.

DISTINGUISH BETWEEN CIVIL AND CRIMINAL JUSTICE?

INTRODUCTION.
Administration of justice implies the maintenance of peace and order within a political community by means
of physical force of the state.
Physical force of the state is the prime requirement for sound administration of justice.
There are other factors which help administration of justice.
It includes social sanction, public opinion, custom, convenience, etc.

Justice means the proper administration of law.

DEFINITIONS OF ADMINISTRATION OF JUSTICE:

IN SIMPLE WORDS Administration of justice is the protection of individual forms the unjust unlawful deeds
of other.
According to Salmond:
“Maintenance of right within the political community by means Of physical force of state”.
According to Loard Bryce:
“There is no better test of excellence of a Government than the Efficiency of its judicial system”.

Importance of Administration of Justice:

Administration of justice is important for the following reasons.

 Necessary for uniformity.
 Necessary for protection of rights.
 Necessary for peace and stability.
 Necessary for integration of society.
 Necessary to check injustice.
 Necessary to educate people.
 To promote welfare.
 To promote equity.

Objective of Administration of Justice:

The main objectives are:
1. To create an environment where everyone can live without harming each other.
2. Obedience of law,
3. Supremacy of Government
4. Ideal system of justice.

Types of administration of Justice:

The administrative of justice may be divided into two parts:-

1) Civil Justice [Enforcement of rights]

a) Specific enforcement b) Sanctioned enforcement

2) Criminal Justice [Punishment of wrongs]

In both in civil and criminal proceedings there is a wrong.

The law will enforce a right only against a person who violated it or who has shown an intention to do so.
Justice is administered only against wrongdoers.
A wrong which is a subject matter of civil proceedings is called a civil wrong.
A wrong which is a subject matter of criminal proceedings is termed as a criminal wrong or a crime.
DIFFERENT BETWEEN CIVIL JUSTICE AND CRIMINAL JUSTICE.

1. Civil Justice:

The administration of civil justice is the enforcement of rights.

Examples: Breach of contract, trespass to land etc.
The right to enforced may either be primary or a sanctioning right.
A Primary rights are those rights which have not violated another right.
A sectioning rights are those rights which have violated another right.
A sectioning rights is also called remedial right as it is due to violation of private right.
In the civil case the suit is Filed in the civil court.
The main remedy in civil Cases is damages.
In the civil cases, the court follows the procedure Prescribed in Civil Procedure Code.

The purpose of civil justice is enforcement in civil proceedings, either as a primary or a sanctioning right.

2. Criminal Justice:

All Criminal Wrongs are administered by Criminal Justice.

Examples: Theft, murder, rape, forgery, etc.
All crimes are public wrongs.
Generally, all Criminal proceedings are instituted by the State.
The administration of criminal justice is to punish the offender. [e.g. Imprisonment or death when an
individual found to be legally guilty of a crime]
In the criminal cases the proceedings is filed in the criminal court.
The main remedy in criminal cases is to Punish the offender.
In the criminal cases, the court follows the procedure laid down in Criminal Procedure Code.

ADVANTAGES OF ADMINISTRATION OF JUSTICE.

 Provides stability.
 Provides certainty.
 Provides uniformity.
 Provides justice.
 Security.
 Impartiality.
 Represent collective wisdom.
 Cohesive factor of society.

DISADVANTAGES OF ADMINISTRATION OF JUSTICE.

 Rigidity.
 Complexity.
 Formalities.
 Justice according to law.

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