Inherent Power of Courts
Inherent powers of the court are those that are intrinsically tied to its judicial function and cannot be removed. These powers enable the court to administer fair and complete justice between parties. In situations where statutory law is silent or lacks specific provisions, the court may invoke its inherent powers to address the issue and uphold justice. Although not expressly provided by law, these powers are understood to flow from the very nature of the court’s authority. In India, the Supreme Court, High Courts, and Civil Courts are all vested with inherent powers, which are essential to their role in delivering justice.
Inherent Power of Supreme Court
The inherent powers of the Supreme Court stem from its status as a court of record and the guardian of the Constitution. Although there is no formal statutory definition of “inherent powers,” the Supreme Court exercises extensive authority by virtue of its constitutional role, particularly through its power of judicial review and its mandate to ensure complete justice. This authority is articulated under Article 142 of the Constitution of India, which empowers the Court to pass any decree or order necessary for doing complete justice in any matter before it.
Under Article 142(1), the Supreme Court's orders are enforceable throughout the territory of India, either under laws enacted by Parliament or, in the absence of such laws, as prescribed by the President. This provision also allows the Court to summon individuals, compel the production of documents, and address matters such as contempt of court, all subject to any law made by Parliament.
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Inherent Power of High Court
The inherent power of the High Court is expressly recognized under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). This provision affirms that nothing within the CrPC shall restrict or affect the High Court’s authority to pass orders necessary to prevent the abuse of the judicial process or to secure the ends of justice. These powers serve as a crucial safeguard to ensure fairness and uphold the integrity of the legal system.
With the introduction of the Criminal Laws (Amendment) Bill, 2023, which replaced the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the content of Section 482 has now been retained in Section 528 of the BNSS, continuing the preservation of the High Court’s inherent powers under the new legal framework.
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Inherent Power of Civil Court
The provisions of the Code of Civil Procedure, 1908 (CPC) are not exhaustive, as the legislature cannot foresee every contingency that may arise in the course of litigation. In such unforeseen circumstances, the inherent powers of the court serve as a crucial safeguard. These powers may be invoked ex debito justitiae (as a matter of justice), particularly when no express provision exists within the Code.
Section 151 of the CPC preserves these inherent powers by providing that nothing in the Code shall be deemed to limit or otherwise affect the court's authority to issue orders necessary to achieve the ends of justice or to prevent abuse of the judicial process. However, the exercise of these powers must be done judiciously and with restraint, ensuring that they are not applied arbitrarily or contrary to established legal principles.
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