Administration of justice
1) Introduction
Administration of justice is the solid pillar of the Government. It cannot be violated with force. The most essential functions of a state are two, war and administration of justice if a state is not capable of performing either or both of these functions. It cannot be called a state. The current system of administration of justice is very powerful, protecting the lives, properties, and others' rights from criminals. The object of the administration of justice is to give punishment to criminals and keep them away from violating others' rights. The broad objective of the administration of justice is to compensate for wronged from wrongdoers. The purpose of the law is to achieve justice and justice can be achieved through the administration
2) Definition of administration of justice
The administration of justice means the maintenance of the rights of the political community using physical force of the state”
3) Necessity of administration of justice
In old age, might was the sole right. Every man was his judge. A person wronged would seek revenge by his own hands. To stop this negativity, it felt that some strong tribunal should hold the administration and now a state is performing administration and without a common power to keep them all in awe was not possible to live in a society”
4) Reasons for the need for the administration of justice
The following are the reasons for the necessity of the administration of justice
1. Man is fighting animal
Man is by nature a fighting animal who always uses force to seek justice and from the Stone Age, men fought with one another upon different social matters
2. Man is a social animal
The social nature of man demands that he must live in a society While living together, man has experienced a conflict of interests Such kinds of conflicts created the necessity for providing the administration of justice
3. To stop criminal activities
Without physical force, it was not possible to stop criminal activities and keep criminals away from gaining unfair advantages for better development of society
4. Check on justice
Without physical force, the administration of justice was not possible and without justice, the life of people is poor and short
5) Origin of administration of justice
The origin (Ibtada) and growth of the administration of justice are the same as the origin and growth of man. The social nature of the man demands that he must live in a society. While living together, man has experienced a conflict of interests. Such kinds of conflicts created the necessity for providing the administration of justice. The origin and growth of the administration of justice is divided into three stages
1. First stage
In the first stage, might was the sole right at that time, every man was a judge on his own. A person wronged seeks revenge by his own hands every man spent his life in his style
2. Second stage
The second stage started with the development of political states and those states which were not strong enough to control crimes and impose punishments on criminals. These states developed the concepts “a tooth for a tooth” “an eye for an eye” and “a life for a life” but furthermore, the state provided that a life shall not be taken for a tooth or an eye
3. Third stage
With the growth of the power of the state. The state began to act as a judge to analyse the liability and imposition of penalty due to which punishments were given against crime the civil law and administration of civil justice helped the wronged against violation of his rights in the shape of compensation. At present administration of justice, no one can release himself from judicial decisions and punishments provided according to the law
6) Classification of administration of justice
The administration of justice is divided into two parts:
- Administration of civil justice
- Administration of criminal justice
1. Administration of civil justice
The administration of civil justice is dealt with in civil proceedings. The object of civil justice is to enforce rights
Kinds of rights
There are two kinds of rights connected with civil justice.
I. Primary rights
Fundamental rights are defined as basic human freedoms Every citizen has the right to enjoy his life with all rights These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender.
II. Secondary rights
Secondary rights are those rights which come into existence after the violation of primary rights.
Secondary rights are:
The right to the compensation of damages by the wrongdoer Imposition of penalty on the wrongdoer by penal action
Explanation
If A enters into a contract, performing a contract is his primary right If that contract breaches, he is compensated against the loss of the contract which is his secondary right
2. Administration of criminal justice
Administration of criminal justice is dealt with in the criminal proceedings The object of criminal justice is to punish the wrongdoer From very ancient times, several theories have been given related to giving punishments which have been divided into two classes
According to first class, the object of criminal justice is to the protection of the state and society
According to the second class, the purpose of punishment is retribution
I. Aims of criminal justice
Following are the aims of criminal justice.
- Enforcement of criminal law
- Protecting society through maintaining law and order
- Helping victims
- Punishment of criminal
7) Distinction between civil and criminal justice
The difference between criminal justice and civil justice cannot be measured in terms of physical concerns of the act.
Following are the differences between civil and criminal justice.
1. As to administration
Civil justice is administered according to one set of form
Criminal justice is administered according to another set of form
2. Place of administration
Civil justice is administered in one set of courts i.e. civil courts
Criminal justice is administered in different sets of courts i.e. criminal courts
3. As to object
The object of civil justice is to enforce rights
The object of criminal justice is to punish criminals
4. Dealing
Civil justice deals with private wrongs
Criminal justice deals with public wrongs i.e. crimes against society
5. Proceedings
Civil justice deals with civil proceedings
Criminal justice deals with criminal proceedings
6. As to parties
In civil proceedings, private individuals are parties e.g. plaintiff vs defendant
In criminal proceedings, the state represents itself as a part i.e. state vs accused
7. As to Crime
Civil wrongs are less harmful
Criminal wrongs are more harmful
8. As to outcome
Civil proceedings result in judgment of damages etc
Criminal proceedings result in one or several punishments
9. As to the institution of proceedings
In a civil wrong, the injured person can prevent the wrongdoer from civil proceedings
In criminal wrong, the injured person cannot prevent the wrongdoer IS being taken the
punish
8) Conclusion
The administration of justice is needed always in all societies. The current system of administration of justice is very powerful which is protecting the lives, properties, and others' rights from criminals. The object of the administration of justice is to give punishment to criminals and keep them away from violating others' rights. The broad objective of the administration of justice is to compensate to wronged wrongdoer. The purpose of the law is to achieve justice and justice can be achieved through the administration