S.JEEVAGAN, Madurai. (Advocate, High court ) 07 August 2015

My study on administration of justice

MY STUDY ON ADMINISTRATION OF JUSTICE

1. Essential functions of a State:-
Essential functions of a State are (i) Defence of the country against external aggression, (ii) Maintenance of law and order within its territory and (iii) Administration of justice.

At all times these functions are basic and no State can survive unless these essential functions are satisfactorily performed.

2. If the State fails to perform them in a satisfactory manner, the Government of such a State will come to an end. All other functions of a State are of a secondary nature.

3. Unless administration of justice is properly and satisfactorily managed, other activities cannot be satisfactorily carried on by people and as such, the State should attach great significance to it.

2. Growth of Administration of Justice:-

I Stage (Primitive Society)

1. In a primitive Society, private violence and violent self-help were used to settle disputes. It was barbaric method of settling disputes.

2. The principle might is right prevailed at that time.

3. A person who suffered any injury or wrong, used to redress the same by taking revenge against his enemy. For that purpose, he had to depend upon his friends and Kinsmen. On account of such circumstances which prevailed then, people formed groups for their own defence, land and security.

4. The circumstances which then existed were extremely bad. There was no security of life and property.

5. The conditions were so hopeless that there was no guarantee of a criminal being punished and, if at all punished, he would be punished in proportion to his crime.

6. In fact, what was a common feature in those days was that one crime was followed by another crime and the chain of crimes continued.

II Stage.

1. In the second stage of Administration of Justice, a man was not allowed to take life for an eye or for tooth.

2. State legalized and enforced the concept of tooth for tooth, eye for an eye and life for life.

III Stage.

1. Indian Justice Delivery System is presently in the third stage of administration of justice.

2. Now the State can no longer act as a silent spectator or just a regulator of private vengeance. In a civilized Society, there should be a sound system of Administration of Justice which would impart Administration of Justice in a real sense. Wrong-doers and offenders must always be properly dealt with so that the law-abiding people are given due protection.

3. To-day the State conducts the enquiry or investigation into the criminal acts or other wrongful acts and determines the liability and administers justice.

4. There are provisions of law which enable the parties to go in appeal.

5. In respect of criminal justice even if the victim happens to be an individual, his act is treated as an offence against the Society at large. Therefore, the entire Society or community is concerned with such an act. It is necessary that the Society should be protected from wrong-doers and offenders.

6. Barring a few cases, prosecution is instituted and conducted by the State against the person concerned. Thus, ultimately, punishment is inflicted on the wrong-doer or offender by or in the name of the State.