What is the inherent power of the court?

Question: What is the inherent power of the court?

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Answer

The word “Inherent” is very wide in itself. It means existing and inseparable from something, a permanent attribute or quality, an essential element, something intrinsic, or essential, vested in or attached to a person or office as a right of privilege. [P Sirajuddin v. Government of Madras, AIR 1962 Mad 117]

Inherent powers under section 151 will be practiced by the court to review just such a complaint that no ameliorate is provided for under the Code of Civil Procedure. As the Hon’ble Supreme Court has held in the case of Nain Singh v. Koonwajree, AIR 1970 SC 997,

“It is a mere procedural provision which enables the parties to have the proceedings of a pending suit conducted in a manner that is consistent with justice and equity.”

The said inherent power cannot be used to reopen settled matters or to restrain the execution of a decree at the instance of one who was not a party to the suit. However, the inherent powers cannot be exercised in contravention of, in strife with, or by disregarding any express and explicit provision of law.

Section 148 to 153-B of the Code deals with the inherent powers of courts. The provisions, however, are not based on an intelligible pattern.

The courts can exercise the inherent power in the following ways:-

• For the Ends of Justice– It is in the ends of justice that an inquiry should be remedied and needless expense and inconvenience to parties avoided. It will not be in the ends of justice to exercise inherent powers if it would interfere with the rights of third parties or cause mischief or injustice.
• To prevent the abuse of the process of Court– the court has no power to override the express provisions of the law. No appeal can be allowed from a non-appealable order by invoking the aid of this section.

The provision under section 151, does not confer any extraordinary jurisdiction on the court. It saves the inherent power of all civil courts i.e. from the trial judge to Supreme Court. The inherent power must be practiced distinctly in exceptional conditions for which the Code, sets out no procedure. It can’t be practiced in order to invalidate the provision of the code.

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