What is Administration of Justice
Administration means management and justice means to right and fair treatment. By the administration of justice is meant the maintenance of right with in a political community by means of the physical force of the state.
Definition of Administration of Justice
There are three ideas to define administration of justice
- Political organized society
- Physical force of the state and
- Maintenance of right as the object
In other words, the administration of justice by the state is a permanent necessity and a primary function of the state, the purpose for which it exists.
Why Justices is Required
A man by nature is a fighting animal and is moved by his own interest and passions. So without a common power to keep him right on track in the society, it is very difficult for individuals to live peacefully in a society. A society where the state power is never called into actual exercise, it is very difficult to attain the civilization in the society. When a powerful persons does whatever he likes according to the law of jungle “Might is Right”. To control this situation there must be the element of force, and this can be achieved through the instrument of law, when people habitually bow before the law. Thus, it is suggested that physical force should be always present and operative for the maintenance of law and order.
Origin of Administration of Justice
In the primitive times might was the sole right. Every man was his own judge, person would seek revenge by his own hands or with the aids of his kinsmen. There was the state of affairs in the days of “Natural Justice”. With the passage of time, societies began to develop, as a result people got civilized. Now they involved their elders to settle disputes among them. There we see developments of minds, starts from natural society to developed and civilized society.
As the time passed, the administration of justice was started with the raise of political states. The state enforced the concept of “a tooth for a tooth, and an eye for an eye”. The stat also provided that a life shall not be taken for a tooth or a life for a life. This was the time administration of justice was exercised by kings through the jurists they appointed for the purpose. But at present it is operated by Magistrates and Judges assigned with the same nature of job.