Write a short note on Judicial proceedings.

Question: Write a short note on Judicial proceedings. [UPJS, 2012]

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Answer

According to Section 2(i) of the Criminal Proceeding Code “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath. Judicial Proceedings Includes Trial and Inquiry but not Investigation.

A judicial proceeding is an action before a court of law that is presided over by a judge. A judicial proceeding is initiated by a party’s request for remedial action to be taken by another. The parties to a proceeding must adhere to the process set out where strict rules apply.

In earlier definitions by the courts, the term judicial proceeding was defined as nothing more or less than a step taken by the court in the course of the administration of justice, in connection with the pending cases.

In Mayne’s criminal law of India, we find it to be defined as ‘any step in the lawful administration of justice, in which evidence may be legally recorded for the decision of a matter in issue in the case or of any question necessary for the decision or final disposal of such matter’.

The judicial proceedings include any proceeding in the course of which evidence is or may be legally taken on oath. The test of whether a proceeding is judicial that was approved by the Supreme Court in Bharat Bank Case v. Employees of Bharat Bank (AIR 1950 SCR 459) is following.

1. The presentation of the case by each of the parties to the dispute,
2. Ascertainment of the facts by the evidence adduced by the parties if the question is pure of facts,
3. The submission by the parties of legal arguments to ascertain a question of law and
4. A decision disposing of the matter.

Further, The investigation of facts on the evidence adduced by the parties may be a common feature in both judicial and quasi-judicial tribunals, but the difference between the two lies in the fact that in a judicial proceeding, the Judge has got to apply to the facts found, the law of the land which is fixed and uniform.

The quasi-judicial tribunal on the other hand gives its decision on the differences between the parties not in accordance with fixed rules of law but on principles of administrative policy or convenience or what appears to be just and proper in the circumstances of a particular case.

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