In this article, Yash Purwiya discusses the Inherent powers of Supreme Court, High Court, Civil Court and Criminal Court.

Inherent powers are those powers which are not subject to being taken away from courts and may be used by a court to do complete and satisfied justice between the parties before it.

Whether civil or criminal, in the absence of the prohibition of the procedure, is to be deemed to possesses inherent powers embodied in its constitution as may be necessary, to do justice and to undo the wrong, in the course of providing of justice. The inherent powers of the court a fairly wide to serve the ends of justice.

To know more about the powers and functions of the Supreme Court in brief, please refer to the video below:

Inherent powers of the Supreme Court under the Constitution

• The Constitution of India under Article 136 provides powers upon the Supreme Court such as the power to grant special leave petition against any orders or judgments from any court or tribunal in the country.
• The Supreme Court has the power to decide election dispute of the President and the Vice President.
• The Constitution of India through Article 142 provides the Supreme Court of India for passing such “decree or order as may be necessary for doing complete justice among the parties“. In our Constitution Article-142 provide in the process to do complete justice, Supreme Court has the power to pass any Judgment, decree or order as is necessary. Any such order made by Supreme Court will be enforceable all over the territory of India. The instrument of enforcement of such order shall be determined by the law that has been passed by parliament regarding it. If there will be no existing law there passed by parliament to enforce the order passed by SC then, a President’s order shall determine it by prescription. In this article, Supreme Court can also give order for the attendance of a person, ask for discovery and production of documents, and can also investigate and punish for its contempt.
• These powers have been given to Supreme Court because the Supreme Court protect the other court from any type of jurisdictional difficulties and does not harm the court to do justice among the parties before it.

Inherent powers of the High Court

• Under section 482 of the Code of Criminal Procedure, the inherent power of High Court is peculiar in criminal jurisprudence. It is the most powerful weapon for the High Court to clear the province of criminal law jurisdiction of all vitiating and malicious influences. The issue naturally lifted in the context are about the extent, scope, and limitation of the power.
• These powers are not available to the subordinate courts for the obvious reason that there will be pandemonium in the criminal justice system’.These powers are available only to the High Court for reasons philosophical, historical and practical.

According to Sec 26 of CrPC, 1973, Offences under the Criminal Procedure Code are divided into:

1.Offenses under Indian Penal Code (IPC).

2.Offenses under any other law.

Section-482 of CrPC deals with Inherent powers of the Court.Section- 482 of CrPC of provides:

“Saving of inherent power of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

This section was added by the Code of Criminal Procedure (Amendment) Act of 1923 as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely:

1. To give effect to an order under CrPC.
2. To prevent abuse of the process of the court.
3. To secure the ends of justice.

Ways to prevent the abuse of process of the court

The high court has the power to interfere in any case where there is harassment of any person who is a citizen of India, by illegal prosecution. The High Court cannot obstruct at an interlocutory stage of a criminal proceeding in subordinate court, however, if there is any exceptional or extraordinary reason, it would do so.

How do we know if there is an abuse of court or not?

1. Whether a bare statement of facts of the case would be sufficient to convince High Court if it is a fit case for interference at the intermediate stage.
2. In the admitted circumstances whether it would be a mock trial if the case is allowed to proceed.

To secure ends of justice

The High Court can interfere for securing the ends of justice. For example, when a clear constitutional provision of law is violated, the High Court can interfere to safeguard proper freedom. The independence of Judges must be preserved and they must be permitted to perform their functions freely and fearlessly, without the undue influence of anyone.

The grounds on which the High Court can impede

1. Extended lapse of time.
2. Non-achiever to supply to accused, copies of police statements and other relevant documents- grounds for other relevant documents- grounds for HC to quash proceedings against accused.

Inherent powers of the Civil Court

The law that deals with the inherent powers of the Civil Court, falls under Section-148 to Section-153A of the Civil Procedure Code (CPC), which envisages the exercise of powers in different circumstances. The provisions that deal with these inherent powers are:-

• Section-150: This provision is related to the transfer of business.
• Section-151: It conserves the inherent powers of the courts
• Section 152, 153 and Sec 153A: These provisions of the CPC deal with amendments in decrees, judgments orders or in other proceedings.

Provisions under Civil Procedure Code (CPC),

Section 148, clearly points out that the court has no application when the time has not been fixed or granted for doing a particular act, that has not been prescribed or allowed by the court. This power of the court, being discretionary in nature cannot be claimed as a right. Section 148 provides that the court, may extend to a maximum period of 30 days, when a definite time period is fixed or granted by it, for doing an act.

Section 149, deals with payment of court fees. The power of the court is discretionary and must be exercised only in the interest of justice. This section certifies the court to allow a party to make up for the deficiency of court fees payable on a plaint or a memorandum of an appeal etc., even after the expiry of the limitation period that is provided for the filing of a suit or an appeal etc.

Section 150 of CPC relates to the ‘Transfer of businesses’, and provides thus: “when the business of any court is transferred to any other court, the transferee court will exercise the same power or discharge same duties conferred or imposed by CPC upon the transferring court“.

The inherent powers of the court can be used to secure the ends of justice under section 151 of the CPC.

The scope of the exercise of these powers, under Sec 151 of CPC can be illustrated by a few cases, such as-

• The court may recall it’s orders and correct any mistakes;
• An illegal order, or orders passed without a jurisdiction can be set-aside.
• The court has the power to hold a trial ‘in camera’ or prohibit any publication of its proceedings.

Sec 152, 153 and 153A of the Civil Procedure Code relates to the application of the inherent powers for effecting amendments of judgments, decrees, orders or other records.

• Section 152 provides that “clerical or arithmetical mistakes in Judgments, decrees or orders arising from any accidental slip or omission may at any time be corrected by the court either on its own motion or on the application of any of the parties”.
• The apex court explained that Section 152 is based on two principles:-
• Any act of the court shall not lead to any discrimination against anyone.
• It is the duty of the court to ensure that its records are true and represent the correct state of affairs.

• Sec 152 and 153 of the CPC makes it clear that the court may correct any mistake made in their records, at any time.
• While Section 152 is confined to amendments of Judgments, orders or decrees, Section-153 confers a general power on the court to amend defects or errors of any proceedings in a suit. Necessary amendments can be made in order to determine the real issues between the parties.

When can the inherent powers be exercised?

While exercising their inherent powers the court has two primary objectives, that it takes into their consideration. This is recognized under section-151 of the Civil Procedure Code:

1. The powers are to be exercised only for the ends of justice.
2. To prevent abuse of process of the court.

The powers can not be exercised when excluded or prohibited by the Code or any other statute. In the situation where specific provisions exist in the Code, it is applicable to the litigation at hand.

Inherent Powers of the Criminal Courts

Section– 482 of the Code of Criminal Procedure

“Nothing in this code shall be deemed to limit or affect the inherent powers of the High court to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice”.

• Sec 482 of the CrPC deals with the inherent powers of the court. This section was added by the Code of Criminal Procedure (Amendment) Act of 1923, as the high courts were unable to render complete justice even if the illegality was apparent. The inherent jurisdiction may be exercised under this section, except under 3 circumstances, namely:

1. To secure the ends of justice.
2. To prevent abuse of the process of the court.
3. To give effect to an order under CrPC.

When can the inherent powers be exercised?

1. The jurisdiction is completely discretionary. The High Court has the power to refuse to use its power.
2. The jurisdiction of High Court is not limited only to cases that are pending before the High Court, and it can consider any case that comes to its notice (in appeal, revision or otherwise).
3. Under Section of 248 of CrPC, when the aggrieved party is being unnecessarily harassed, then this power can be implored if he has no other remedy open to him.
4. The High Court does not conduct a trial or appreciate evidence. This power of High Court is limited to cases that compel it to intervene for preventing a palpable abuse of a legal process.
5. The High Court has the right to provide relief to the accused even if he or she has not filed a petition under section 482.
6. If any trial is pending before the apex court, and has been directed to the sessions judge for the issuance a non- bailable warrant regarding an arrest of the Petitioner(s), this power of High Court can not be exercised.
7. Section 482 of the CrPC specifies that the inherent power is not intended to scuttle justice at the threshold, but to secure justice.
8. This power has to be exercised sparingly with circumspection and in the rarest of rare cases, but it cannot be said that it should only be exercised in the rarest of rare cases. The expression rarest of rare case may be exercised where death penalty is to be imposed under Section 302 of IPC but this expression cannot be extended to a petition under Section 482 CrPC.
9. Any proceeding if it finds that initiation to abuse of the process of Court, Court would be justified to the quashing of these proceedings.
10. As long as the inherent power under Section 482 of CrPC is in the statute, the exercise of such power is not impermissible.

Conclusion

Today we live in an age where the legal system highly developed. The governance of rights and liabilities depend upon the law and its principles, rather than equality, and we still find the basis of such laws in the concept of justice. Justice has been the central theme of all the civilizations of the world. In our legal system, every court is composed for the purpose of serving justice to the people. The court must be deemed to possess all such powers that may be necessary to do the right thing, and to undo the wrong in the process of providing justice. The court has an inherent duty to stop the abuse of the existing processes of the court. The court has often used Article-142 of the Indian Constitution,  as a tool for doing complete justice. The Supreme Court has always risen to the occasion to ensure that the supremacy of law prevails, yet its strict adherence does harm to no one.

In the CPC, it may be suggested that the norms laid down by the courts in the exercise of inherent powers together with restriction and limitation on the exercise of such power, can be codified in the form of rules to be framed by the Supreme Court and be made available to the courts for their guidance.

In the code of criminal procedure,1973 section-482 is really important and has a wide scope for the courts to use it in a proper way. This section of CrPC enables the court to stop the public from filing complaints regarding a fictitious matter, which may never have occurred, in order to fulfil their personal grudges.

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