ASSIGNMENT

TOPIC: - ADMINISTRATION OF JUSTICE:

Submitted By
MOHAMMAD ZIYA ANSARI
BALLB (HONS)
SEMESTER-VI
ENROLLMENT NO- GI- 6492
FACULTY NO- 17BALLB- 72
PROJECT

Submitted To
DR. GAURAV Sir
Assistant Professor, Faculty of Law
Aligarh Muslim University
ALIGARH-202002 (INDIA)
 SYNOPSIS

1- INTRODUCTION.

2- WHAT IS ADMINISTRATION OF JUSTICE.

3-ORIGIN AND GROWTH OF THE CONCEPT OF ADMINISTRATION

OF JUSTICE.

4-DEFINITION OF JUSTICE.

5-VARIOUS APPROACHES TO THE CONCEPT OF

ADMINISTRATION OF JUSTICE.

6-IMPORTANCE OF JUSTICE.

7- VIEWS ON ADMINISTRATION OF JUSTICE.

8.CLASSIFICATION OF JUSTICE.

9- ADVANTAGES AND DISADVANTAGES OF ADMINISTRATION OF

JUSTICE.

10- TYPES OF ADMINISTRATION OF JUSTICE.

11-CONCLUSION.

12- BIBLIOGRAPHY.
 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS A DEEP SENSE OF

THANKS & GRATITUDE TO MY PROJECT GUDIE Dr
GAURAV SIR FOR GUIDING ME IMMENSELY
THROUGH THE COURSE OF THE PROJECT.

I ALSO THANKS TO MY SENIORS FOR THEIR MOTIVATION &

SUPPORT. I MUST THANKS TO MY CLASSMATES FOR THEIR
TIMELY HELP & SUPPORT FOR COMPLETION OF THIS PROJECT.

LAST BUT NOT THE LEAST, I WOULD LIKE TO THANKS TO ALL

THOSE WHO HELPED ME DIRECTLY OR INDIRECTLY TOWARDS
THE COMPLETION OF THIS PROJECT.

THANKING YOU
MOHAMMAD ZIYA ANSARI
BALLB-3rd Year GI-6492
17BALLB-72
1. INTRODUCTION:
One of the most important and indispensable functions of a State is administration of Justice.
Justice is an attribute and characteristic of civilized society. The concept of justice is as ancient
as the advent of human race though the formal dispensation of justice has undergone a constant
evolution. While living in society, situations involving conflict of interest between individuals
and group of individuals are bound to occur and hence right from the advent of human life the
quest for justice has begun and is bound to continue as an endless process. State maintain law
and order and establish peace and social security. Administration of Justice is one of the
primary functions of the State. The main function of the administration of justice is the
protection of individuals' rights, enforcement of laws and punishment of wrongdoer. In
determining a nation's rank in a political organization, no test is considered more decisive than its
administration of justice, for it has been conceived as one of the firmest peelers of an y
government1.

2-WHAT IS ADMINISTRATION OF JUSTICE:

In simple words administration of Justice means justice according to law. Justice generally
means the quality of being just.  for example, the awarding of what is due.  justice consists of
impartiality, integrity or rightness etc. Administration of justice is generally divided into two
parts- viz Administration of Civil Justice and Administration of Criminal Justice.
A State may not be called a State if it has failed to discharge its functions concerning the
administration of justice. Life may not be lived in a society in which there is no preservation of
the rights of man and no prevention of injustice. Administration means management and justice
means to right and equitable implications. By the administration of justice is the meant the
maintenance of right with in a political community by means of the physical force of the state.
For sound administration of justice, physical force of the state is prime requirement2.

According to salmond, a state with reference to its territory as a society of men established for
the maintenance of order and justice within a determined territory by way of force. State
maintain law and order and establish peace and social security. If state failed to maintain the law
and order it can’t be called state. The main function of the administration of justice is the
protection of individuals right, enforcement of laws and punishment of criminals3.

1-https://www.assignmentpoint.com/arts/law/administration-of-justice.html, visited on-6:55pm,16

May,2020.
2-https://www.srdlawnotes.com/2018/02/administration-of-justice-jurisprudence.html, visited on-
8:5-pm, 16 May,2020.
3-www.legalserviceindia.com/legal/article-856-administration-of-justice.html, visited on-10:30am,17
May,2020.

3- ORIGIN AND GROWTH OF THE CONCEPT OF ADMINISTRATION

OF JUSTICE:
It is the social nature of men that inspires him to live in a community. This social nature of men
demands that he must reside in a society. However, living in a society leads to conflict of
interests and gives rise to the need for Administration of Justice. This is considered to be the
historical basis for the growth of administration of justice4.

Once the need for Administration of Justice was recognized, the State came into being. Initially,
the so-called State was not strong enough to regulate crime and impart punishment to the
criminals. During that point of time, the law was one of Private Vengeance and Self-Help. In the
next phase of the development of Administration of Justice, the State came into full-fledged
existence. With the growth in the power of the state, the state began to act like a judge to assess
liability and impose penalty on the individuals. The concept of Public Enquiry and Punishment
became a reality. Thus, the modern Administration of Justice is a natural corollary to the growth
in the power of the political state5.

The origin and growth of administration of Justice is identical with the origin and growth
of man. In modern civilized societies, it has evolved through stages6.

First Stage - 

          In early stage when society was primitive and private vengeance and self-help were the
only remedies available to the wronged person against the wrongdoer. He could get his wrong
addressed with the help of his friends or relatives.

Second Stage -

         The second stage of development of the society was characterized by the state coming into
existence in its rudimentary form when its functions where only persuasive in nature. It did not
have enforcing power by which it could punish the wrongdoer.

Third Stage -

         In the third Stage of development of society, wrongs could be redressed by payment of
compensation by the wrongdoer to the wronged(victim) who was affected by the wrongful act.
Thus up to this time, the justice remained private in nature without the compulsive force of the
State. 
 

4-http://www.desikanoon.co.in/2012/08/jurisprudence-notes-administration-of.html.visited on-
11:15am,17 May,2020.
5-ibid.
6-Supra note-2, same pg.
4-DEFINITION OF JUSTICE:
"Justice” is intended to be the goal of law. As SALMOND7 puts it Law is an instrument of
society, what then does the law aim to achieve is justice. In other words, as AUGUSTINE8 puts
it “An unjust law is no law “Justice” however is a word, which needs to be seen in context, in a
wider sense - justice is nearly synonymous with morality and in actual dispensation of justice
one or more area of morality is involved. Thus, justice is done when a criminal is convicted or a
person committing breach of contract is directed to pay damages because non-interference with
such act will be immoral too. However, all concepts relating to “morals” automatically cannot be
enforced in form of justice unless it has been formalized into law.
As against this is in narrower sense the concept of justice can better be understood by referring to
its converse “injustice”. While instances of injustice occur, quite often in everyday life the
administration of justice as made by State cannot recognize of remedy all such situation. Justice
in the context of Social Justice operates at two levels. Initially itis “distributive justice" where the
objective is to secure balance of equilibrium among members of society, as is done by various
laws. However, if such balance is attempted to be distorted then comes the “Corrective justice”
aiming to redress the wrong.
PLATO9 gave basis of justice as what was right both in conduct of individual and State.
According to ARISTOTLE10, justice was what was fair and equitable. Thus, Plato believed in
distributive justice as compared to corrective justice advocated by Aristotle. The concept of
justice cannot be taken on eternal and irreversible dictums.
As KOHLAR11 states law and justice varies with the time and place. “Law that is suitable for
one period, place or culture is not so for the another and we can strive to provide every culture
with its corresponding and appropriate system of justice”.
HEINRICH ROMMAN12 has defined law as instrument to promote justice. According to him,
“Law is based on reason and not mere will men must do that is fair and law must promote
justice.” Aristotle stated “the true relation between Law and Government is secured by malting
the law sovereign and the government its servant.

7-Supra Note-1, same pg.

8-ibid.
9-ibid.
10-ibid.
11-ibid.
12-ibid.
5-VARIOUS APPROACHES TO THE CONCEPT OF
ADMINISTRATION OF JUSTICE13:

A. JUSTICE AND RELIGION

Religions, irrespective of their origin or philosophy aim at differentiating
between the virtues and the vice and abhors its disciples to follow the virtuous path
and assures permanent wellbeing after death in form of “Swarga" or “Jannat.
Hinduism, with its Vedic origin can be considered to be the most ancient
religious philosophy. A reference to Hindu Scriptures and Scholars reiterates that
one should follow the path of “Dharma" to achieve “Moksha”. The word “Dharma"
as explained by Dr. Shankar Sharma is derived from "Dhar” which denotes
upholding, supporting - that which upholds in Dharma.

B. JUSTICE AND SOCIETY

Law is a social phenomenon and in a civilized society the human beings are
interested in maintenance of law and justice. In a civilized society, as per DEAN
ROSCOE POUND “Men must be able to assume that all citizens will be subject
to rule of law, the taw being far more than a bundle of abstract norms. It is more a
process of balancing of interest, by removing conflicts and for rendering greatest
benefit to the society with minimum of conflicts”. Dean Pound advocates the
concept of “Jural Postulates” as a guiding factor.

C. JUSTICE AND STATE

“State” is people organized for law within a definite territory. The social contract
theory explains the emergence of State as a result of an agreement entered into by men who parted with their natural
liberty to obey the laws prescribed by the Government and in turn getting certain assurances of protection from the
State. Sir HENRY MAINE in patriarchal theory has explained State as extended notion of family.

13-ibid.
D. JUSTICE AND CITIZENS
Citizens or in a wider sense ail individuals are connected with justice and its
orderly administration. First of all, the very concept of justice and law, inspires faith
in human beings that certain situations, acts or omissions will be handled, tackled
or dealt with in a particular manner by the State. As Dean ROSCOE POUND puts
it "In a civilized society man must be able to assume that others will make good
reasonable expectations which their promises create”.
From an individuals’ point of view, Justice though a dominant, cannot be
only possible or desirable goal of law. The law while on one hand should have
uniformity and should also have in-built flexibility. Any objective and fair system of
dispensation of justice should be governed by uniform laws so that the citizens can
plan in anticipation, their activities with a measure of certainty and predict the legal
consequences of his or other’s behavior.

6-IMPORTANCE OF JUSTICE:

A- JUSTICE AS INDISPENSABLE FUNCTION OF THE STATE14:

State, Law and Justice in present day context are Interconnected.

Administration of justice is an indispensable function of the State. When we refer
to one, the other necessarily comes into picture. Thus, the State functions and
expresses its policy through law, the law is an instrument to provide justice and law
and justice assume importance because it has the sanction of the State. But
situations are not uncommon where one wing of the State say Executive in
exercise of its powers initiates certain actions, which are not in conformity with the
laws. Judiciary has the role of doing the balancing act. Thus, while state is
superior and creator of the law, some basic concepts of justice are even anterior to
State and they need to be preserved and protected. As per DUGHIT, Social
solidarity is the aim of law and State. DICEY says by “rule of law” what we mean is
law is supreme and there is no arbitrary power in the State. Its fundamental law
thus, binds the State itself. The “basic structure” of the constitutional is
something which the State has no authority to alter by legislative action. The
concept of sovereignty is based on the principle that the power of State over its
subjects are absolute and there can be no limitations upon it except the matter of
prudence and policy.

14-ibid.
B. JUSTICE-SOLEMN COMMITMENT TO PEOPLE15:

Human civilization has its first and lasting intimacy with justice though the
notions, dimensions and goals of justice have undergone radical changes from
time to time. Justice was the highest interest of the man on earth. At any rate it is
something which men seek it persistently, fight for it resolutely, expect confidently
from the Ruler and the denial or absence of which they resent bitterly.
However, expressions of ail men do not possess the proficiency to define it,
even those who have such proficiency cannot translate the term in cohesive
manner. HAROLD POTTER, has hence observed, “Most men think that they understood the
meaning of justice but their notions appear to be vague.”

C. JUSTICE - A VITAL INGREDIENT OF FUNCTIONING OF STATE

(THE SYSTEMS APPROACH)16:

State is a system, a vibrant functioning system of which all countrymen are

part. Various organs of the State like Executive, Parliament and Judiciary, are
sub-systems of the State and systems within themselves. Notion of system is that
it is a system of elements which interact or are inter-related in a more or less
orderly and predictable fashion. Thus, judiciary and courts comprise of a system of which
judges, lawyers, litigants are the elements. All systems except universe have boundaries and
outside the boundary is system’s environment. The legal system also functions within the
boundaries laid down by the State. The boundaries of the judicial system can be defined as the
allocation of authority and jurisdiction, which the courts further define by justifiability. The
system to function will need inputs and will produce output. The input is in form of the demands,
supports, expectations reflected in the litigation. The output in form of judgements again, has an
impact on a larger system including the system itself. Since the systems are interconnected, any
disturbance, problems or imbalance with one ingredient of the system has tee impact on all other
ingredients. Thus, the stresses and strains on judicial system too has an impact on tee State.

7- VIEWS ON ADMINISTRATION OF JUSTICE17:

Administration of justice is the function of the State, mainly its judicial organ
to protect and enforce the rights of the individuals and to punish the wrong doers.
It means enforcement of rights as are defined by law.

15-ibid
16-ibid.
17-ibid.
A. MAHATMA GANDHI’S VIEW:
Mahatma Gandhi, an eminent lawyer in his early days believed that the law
and legal profession should not be used for selfish motives but a sacred service to
the society. He also believed that duty of a lawyer is always to place correct facts before
foe judges, and to help them to arrive at foe truth, never to prove foe guilty as
innocent. Gandhiji firmly believed that the system of administration of justice at times
distorts and defeats justice. This important aspect of Gandhi’s vision of India is totally neglected
by even his staunch followers. Gandhi believed that law is not an intellectual’s legerdemain
but is has largely so remained.

B. JAWAHARLAL NEHRU'S VIEW:

He believed in importance of Constitution and laws in functioning of foe State. He believed that
law if properly administered could achieve social and political transformation but this cannot be
achieved simply by declaring foe laws and leaving it to foe good sense of people to implement it.
The courts therefore, were to act as catalyst, without being dogmatically committed to present
notions. The courts were not centering of rebellion but would in sensible sort of way interpret the
law and keep the various authorities from exceeding their powers.

C. GEORGE WASHINGTONS VIEW:

George Washington emphasized that neither the State nor the laws enacted were
an end in itself but an instrument to achieve the cherished goal of justice. The
citizens themselves owed the duty to respect the rights of their fellow citizens and
only when there was a violation of such rights the intervention and interpretation by
the courts may be warranted.

D. SALMOND’S VIEW
Salmond has stressed the need for a common power to keep all human beings in awe and such
force was present in one form or other ever since the primitive stage of the society. However,
force, as an instrument for the coercion of mankind is merely a temporary incident. Hence, in all
orderly societies the State declares the rights and duties of the subjects and the justice is to be
administered
only when deviation takes place. With the gradual growth of the power of the Government, the
State ventures to suppress with strong hand the violation of norms reflected in form of laws.
Thus, administration of justice is essential for the orderly governing of the subjects and the State.

E. RAJIV GANDHI’S VIEW:

Rajiv Gandhi had the privilege of being the youngest Prime Minister of India, consequent to
unfortunate assassination of Mrs.lndira Gandhi in 1984. Rajiv believed that social change cannot
be a bought about by mere legislation. It has to be brought about in the Society itself and
education and awareness was the first step in this direction. He believed that the good of the
people is the Chief law. He believed that freedom from fear and want is a universal need and the
administration of justice played crucial role for this objective. Justice must prevail and it should
count ultimately. He also emphasized the need for speedy justice and expected the judicial
system to find the solutions to such problems.
F. PROF. SIDGWICK’S VIEW:
Prof. Sidgwick is of the view that in determining a nation’s rank in political civilization, no taste
is more decisive than the decree in which justice as defined by the law is actually realized in its
judicial administration. Thus, administration of justice is one of the most dependable and
important indicators of how civilized, matured and law abiding the nation and its citizens are.
The emphasis on actual realization of justice suggests that the system should not be formal but
actually functional so that the justice not only is done but also is effectively done which
includes speedy justice.

G. HOBB’S VIEW:
Hobbs is of the view that whatsoever is consequent to a time of war, where every man is enemy
to every man, the same is consequent to the time, wherein man live without other security, than
what their own strength, and their own invention shall furnish them with all. In such condition,
there is no place for industry, because the fruit thereof is uncertain, no accounts of time, no
society and worst of all, continual fear and danger of violent death. Justice is the conscience of
the whole community and the subjects should be governed by it.

8-CLASSIFICATION OF JUSTICE:

It can be divided into two parts18:

a. Private Justice- This is considered to be the justice between individuals. Private Justice is a
relationship between individuals. It is an end for which the court exists. Private persons are not
allowed to take the law in their own hands. It reflects the ethical justice that ought to exist
between the individuals.

b. Public Justice- Public Justice administered by the state through its own tribunals and courts.
It regulates the relationship between the courts and individuals. Public Justice is the means by
which courts fulfil that ends of Private Justice.

9-ADVANTAGES AND DISADVANTAGES OF ADMINISTRATION OF

JUSTICE -:

*Advantages of Administration of Justice are as follows19 –

a-Uniformity and certainty - Legal Justice ensures uniformity and certainty. Everybody knows
what the law is and there is no scope for arbitrary action. Even Judges have to give decisions
according to the declared law of the Country. As the law is certain, citizens can shape their
conduct accordingly.
b-Impartiality - Another Advantage of Administration of Justice, there is impartiality in the
administration of justice. Judges are required to give their decisions according to the pre-
determined legal principles and they cannot go beyond them. 

18-Supra Note-4, same pg.

19-Supra Note-2, same pg.

*Disadvantages of Administration of Justice are as follows20 –

a-Rigidity - One Disadvantage of Legal Justice is that it is Rigid. Law has already been laid
down in precedents. It is not always possible to adjust it to the changing needs of society. Society
may change more rapidly than legal justice and may result in hardship and injustice in certain
cases. Judges act upon the principle that "hard cases should not make bad law".   
b-Technicalities - Another disadvantage of legal justice is its technicalities (formalism). Judges
attach more importance to legal technicalities than they deserve. They give importance to form
than to substance. 
c-Complexity - Modern society is becoming more and more complicated and if made from time
to time to codify or simplify the legal system but very soon law becomes complicated. 

10-TYPES OF ADMINISTRATION OF JUSTICE:

A-Criminal Administration of Justice21 - Administration of criminal justice deals with
public wrongs. all offenses included in Indian Penal Code (IPC) are public wrongs. The
administration of criminal justice is to punish the offender. Punishment may be described as the
infliction by State Authority, of a consequence normally regarded as an evil (for example
imprisonment or death) on an individual found to be legally guilty of a crime.

Importance and Purpose of Criminal Justice –The main purpose and object of criminal
justice is to punish the wrongdoer (offender) and to maintain law and order in society.   It is the
State which punishes the Criminal. Punishment necessarily implies some kinds of pain inflicted
upon the offender or loss caused to him for his criminal act which may either be intended to deter
him from repeating the crime or maybe an expression of society  disapprobation for his Anti-
Social conduct or it may also be directed to reform and regenerate him and at the time ported the
society from criminals.

B-Civil Administration of Justice22 -The main object of the administration of civil justice is to
provide relief by way of compensation or other relief to the injured party. The rights enforced by
Civil proceedings are of two kinds viz., Primary rights and Sanctioning rights. Primary rights are
those which exist as such. They do not have their source in some wrong. Sanctioning or remedial
rights are those rights which come into being after the violation of a primary right. A primary
right is right arising out of conduct or as a jus in rem. A sanctioning the right is one which arises
out of the violation of another right.

20-ibid
21-ibid.
22-ibid.
11-CONCLUSION:
In the end we can say that administration of justice is the firmest pillar of the Government. The
modern administration of justice is a natural corollary to the growth in power of political state,
which began to act as a judge to assess liability and impose penalty. War and administration of
justice are two most essential functions of a state. If the state is not incapable of performing these
two functions. It cannot be called a state. Administration of justice implies the maintenance of
peace and order within a political community by means of physical force of the state.

12-BIBLIOGRAPHY:
1- https://www.srdlawnotes.com/2018/02/administration-of-justice-jurisprudence.html

2- https://www.srdlawnotes.com/2018/02/administration-of-justice-jurisprudence.html

3- www.desikanoon.co.in/2012/08/jurisprudence-notes-administration-of.html

4- - www.legalserviceindia.com/legal/article-856-administration-of-justice.html