Laws have been enacted and amended for ensuring smooth, efficient and effective functioning of the courts. However, no legislative enactment dealing with procedure can provide for all the situations that may possibly arise. Hence, the concept of inherent powers of courts was introduced in civil and criminal procedural codes
The concept of inherent powers of court in India is contained in section 151 of Code of Civil Procedure, 1908 (CPC) and section 482 of the Code of Criminal Procedure, 1973 (Cr PC), but under Cr PC, only high courts can exercise inherent powers.
Section 151 CPC states that nothing in the Code shall be deemed to limit or otherwise affect the inherent powers of courts to make such orders as may be necessary for the ends of justice, or to prevent abuse of the process of the court. Thus, the provisions of CPC do not control the inherent powers of courts by limiting it or otherwise affecting it. Inherent powers have not been conferred upon the court; it is a power inherent in the court.
Section 151 CPC is an enabling provision to administer substantial justice. A court can use its own inherent power to fill up the lacunae, left by the legislature while enacting law, or where the legislature was unable to foresee any circumstances, which may arise in a particular case.
The subordinate courts play an important role in the administration of justice and cannot refuse to adjudicate a dispute in the absence of a statutory provision. In such contingencies, the court can make such orders as may be necessary to secure the ends of justice, or to prevent the abuse of the process of courts. The courts can also exercise inherent powers and pass such orders as may be necessary to prevent the parties from being put to unnecessary inconvenience and expenditure. The powers can also be exercised to avoid the multiplicity of proceedings.
The subordinate courts may exercise their inherent powers to set aside an ex-parte order; to recall an order and to accept another surety in place of earlier one. Such courts may also order videoconferencing for evidence or demand hearing of the accused persons. They may order further investigation in the cases. The inherent powers may be exercised for any other purpose as deemed necessary by the court.
Though the inherent powers of the subordinate courts are very wide in nature, still they are subject to certain restrictions. These powers are not to be exercised when prohibited or excluded by CPC or other statutes or when there are specific provisions in CPC.
The inherent powers of high courts may be invoked on application of any party or even suo moto provided by high court, which it deems necessary in the interest of justice. The inherent powers of high court cannot be frustrated on account of technicalities as the sole idea behind grant of these vast powers is ultimately to secure the ends of justice.
In exercise of its inherent powers under section 482 of Cr PC, High Court may quash the prosecution proceedings when the contents of complaint are self contradictory; the complainant is not coming to court with clean hands; the complaint is barred by time, does not disclose any offence or when there is no allegation. High Court may also quash the proceedings, where the dispute raised is purely one of a civil nature and has been given a cloak of criminal offence, or when the proceedings are long drawn.
Further, high courts has the inherent powers to determine its own jurisdiction. It has inherent powers of judicial review. High Court may exercise its inherent powers, even when there is an alternative remedy, if the same is not adequate, efficacious, or when the subordinate court has failed to exercise its jurisdiction, or has exceeded its jurisdiction. High Court may expunge the adverse remarks and may award costs as well as compensation. It may order restoration of possession, if any person has been illegally dispossessed. It can make correction in decree. The court can take notice of subsequent events in a case, as it has inherent power to punish for its contempt summarily.
Though the above powers are very wide in nature; but the same are to be exercised within well established principles of law and self defined guidelines. The exercise of inherent powers should not cause injustice to any one. These inherent powers may not be exercised to nullify the provisions of the Code. High Court, while exercising the inherent powers, may not interfere in investigation or grant stay in corruption cases. It cannot reopen or alter the final order in exercise of inherent power in criminal cases.
The inherent powers of the Supreme Court are not subject to the procedural laws. The Supreme Court being the highest court of the country is having all the powers to do complete justice. These powers cannot be restricted in any way by the legislature. The inherent powers may be exercised by the Supreme Court on filing a petition by a party or even suo moto, to secure the ends of justice.
The Supreme Court may grant any relief, which it deems necessary to do real and substantial justice. It may exercise its inherent powers to avoid multiplicity of proceedings or to extend relief to the persons, who have not approached it. The Supreme Court may correct its errors in exercise of inherent powers even by setting aside its final orders or may even grant divorce to the parties. The Supreme Court may quash the criminal or civil proceedings in the interest of justice. The Apex Court may pass necessary orders against a person, who has committed the contempt, either of the Supreme Court or any subordinate court. While exercising such wide inherent powers, the Supreme Court cannot ignore the substantive rights of any person nor can legislate in the garb of inherent powers.
Justice is to be achieved through the statutory law and the same should be regarded as sacrosanct, as far as possible; however, the Supreme Court is entitled to exercise its inherent powers to do complete justice between the parties, if necessary, even by overruling the procedural and other technical objections.
Though the inherent powers are very wide, these are to be exercised not in a routine manner but with a great restraint and caution. For example, the inherent powers ought not to be exercised by the courts in contravention to the specific provision of law, unless there is a serious miscarriage of justice and the justice is going to fail. The inherent powers cannot be exercised when there is a specific provision to deal with the case and the courts should not exercise their inherent powers in a casual manner i.e. merely on being asked.
The erratic use of inherent powers may lead to diversion from codified law particularly when there are hardly any guidelines for the same. The courts cannot be given the absolute discretion to exercise their inherent powers as per their own whims and pleasure. If they are permitted to be exercised at whims and fancies of the courts and not subjected to certain principles and reasonable restrictions, then the judicial system may not achieve the object of justice. These wide inherent powers are vested upon the courts to do justice and not to thwart it.
S Balakrishnan Senior Advocate, Supreme Court of India
Inherent Powers are necessary. There are occasions when the codified law is not able to meet the ends of justice. The judge knows that there is a shortfall in the law and the objective of the court is to do justice rather than merely administering law. The courts of record, i.e., the High Courts as well as the Supreme Court have got inherent power because there are situations where the law does not provide any guidance as to what has to be done.
As far as Supreme Court is concerned, its inherent power can go even against the codified law. Normally, inherent powers of courts do not come into operation where there is a codified law but the Supreme Court can invoke its inherent powers even when there is a codified law and even go against the codified law. The Constitution of India clearly provides for the inherent powers of the Supreme Court.
Another aspect about inherent powers is that it is not conferred by any particular section or statute. Inherent power inheres with the court. It is the basic component of the process of administration of justice. Therefore, I think, inherent powers are necessary.
What is law is an objective issue.We all know what the law is, because it is in writing but administration of inherent powers falls in a subjective domain where there is no predictability and there is a lot of mediation. Therefore, there is a possibility of it being misused some times but that need not deter the law-makers in providing the courts with inherent powers. The possibility of the abuse is potentially very small as compared to the great need for inherent powers.
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