Administration of Justice

Introduction :-

Justice tries to provide rules of reason for men to follow, so that the same may lead to the highest good of all concerned. "Live well, and let live" is the aim of justice. The aggrieved party must be protected. Justice really involves doing good not only to human beings but to all that is good in nature. One should not be cruel to animals. Justice is what is ideal, what is beautiful and true and of the most proper type.
Law is the instrument of justice. The expressions 'law' and 'justice' are related. The courts of law are called courts of justice. Law is an instrument of social utility - for rendering the greatest good to the largest number - and its avowed aim is, or should be, to procure a national as well as an international cosmos. Justice should be administered according to the provisions of the law.

Meaning or Definition of Administration of Justice :-

Administration of justice means justice according to law. The function of the judiciary is to protect and enforce the rights of the individuals and to punish wrong-doers. This function is called the 'Administration of justice'. To adjudicate the rights and duties of the individuals on the basis of the rule laid down by the state is administration of justice. The administration of justice have a number of other factors such as the social sanction, habits, conveniences etc. The administration of justice implies three things :-

i) The state; 

ii) The law;

iii) Securing Obedience to law by means of the physical force of the state.

Advantages of Administration of Justice :-

According to Sir John Salmond the administration of justice has the following three advantages :

i) First, a legal system ensure uniformity and certainty in the administration of justice. The Judges knowing them can shape their conduct accordingly.

ii) Secondly, law is a guarantee of impartiality in the administration of justice. If the Judges are to decide in accordance with pre-determined legal principle, they cannot yield to personal motives, for a vigilant public can easily observe the departure from the rule of the law and take step to redress the mischief. By following fixed legal rules impartiality is secured. 

iii) Thirdly, the rules of law represents the collective wisdom of the community and in following them there are little chances of going wrong. 

Disadvantages Administration of Justice :-

i) Firstly, administration of justice makes the law rigid. The same rules are applied to all the cases of similar nature and it, sometimes, causes hardship and injustice.

ii) secondly, Law tends to become conservative. It does not keep pace with the changed conditions and so it is not in accordance with the new ideas and principles of justice.

iii) Thirdly, there is formalism or technicality in law. Greater importance is attached to the form than to the substance. It brings many evils and causes injustice.

iv) Lastly, needless complexity is the common frailty of modern legal system. It no longer remains easy to understand it and loses certainty.