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Procedural law governs the process by which substantive law is applied. It prescribes the rules and procedures for enforcing rights and obtaining legal remedies through lawsuits. Substantive law defines and determines rights and duties, while procedural law shows the proper way to restore violated rights and complete obligations. Procedural law ensures fair practice and consistency in due process of law by providing step-by-step instructions for how legal cases should proceed.
Procedural law governs the process by which substantive law is applied. It prescribes the rules and procedures for enforcing rights and obtaining legal remedies through lawsuits. Substantive law defines and determines rights and duties, while procedural law shows the proper way to restore violated rights and complete obligations. Procedural law ensures fair practice and consistency in due process of law by providing step-by-step instructions for how legal cases should proceed.
Procedural law governs the process by which substantive law is applied. It prescribes the rules and procedures for enforcing rights and obtaining legal remedies through lawsuits. Substantive law defines and determines rights and duties, while procedural law shows the proper way to restore violated rights and complete obligations. Procedural law ensures fair practice and consistency in due process of law by providing step-by-step instructions for how legal cases should proceed.
National Law College 1. Definition, nature and importance of procedural law • Meaning /Definition • Law is the body of the principles recognized and applied by the State in the administration of justice. For this purpose, State makes different kinds of laws such as; criminal law, civil law, evidence law, law of contract, company law etc. Mainly those laws can be divided into two branches of the law. They are: substantive and procedural law. Procedural law:
• Substantive law defines and determines the
rights and duties of the person. If such rights are encroached or violated, procedural law will show the proper way to restore such violated rights. If somebody is reluctant to complete the obligation as said by law, procedural law shows the process to complete such obligation. • So substantive law determines rights and liabilities of the parties where as their enforcement is guided and regulated by the practice, procedure and machinery as prescribed by the procedural law. • Procedural law is the body of legal rules that govern the process for determining the rights of parties. It prescribes the procedures and methods for enforcing rights and duties and for obtaining legal remedy through a law suit. • It prescribes rules relating to jurisdiction, locus standi, limitation, resjudicata, summons, pleading and practice, prosecution of crime, collection of evidence, witness examination, execution of judgments etc. So procedural law governs the process by which substantive law is applied. • It finds out the way of implementation of substantive law and process of administration of justice through civil and criminal proceedings. It shows the way of getting back rights in case of violation and infringement of such rights. Therefore, it determines the procedures to be followed in judicial proceedings. • The procedural law ensures fair practice and consistency in due process of law. In other words, procedural law will give a step by step action plan on how the case is supposed to proceed in order to achieve the desired goals. It can be divided into civil procedure and criminal procedure. • It describes the methods and ways to achieve the rights prescribed in the law. It deals with the process regarding how to achieve the legal remedy. It explains the instruction of the remedy to address rights. For example, Evidence Act, 2031 B.S., Aadalati Bandobasti ko Mahal (Chapter of Court Management), Summary procedural Act, 2028 B.S. Substantive law:
• It determines the obligations and rights of
people and legal entities. It deals with the legal relationship between people or the people and the State. Therefore, substantive law defines the rights and duties of the people. It is based on the legal principles and related to the subject matter • Substantive law means the law in strict sense. It deals with the rights, duties and all other matters that are not matters purely of practice and procedures. Therefore, it can be said that a substantive law creates, defines or regulates rights and duties of the person. • The body of substantive law includes things like defining crimes and prescribing appropriate punishments or providing sentencing guidelines which can be used when determining how someone should be sentenced, along with discussions about legal relationships between people as well as entities. • People can be given certain rights under substantive law along with responsibilities, which they must fulfill and the law can also define situations in which liability is incurred. Substantive law includes both civil and criminal law. • The purpose of substantive law is to ascertain the subject matter of rights and duties. In other words, substantive law refers to the body of rules that determine and define the rights and obligations of individuals and collective bodies. For example: Fundamental rights of the Interim Constitution of Nepal,2007, rights relating to workers in trade union Act 2049 B.S.(1992), rights and obligations of parties in Contract Act 2056 B.S. Relation and distinction between Substantive law and procedural law: • There are close relation to each other. It is difficult to distinguish, however, W.W Cook who was the first person to distinguish as substantive law and procedural law. According to him, “Substantive law gives knowledge about the people’s right whereas, procedural law gives knowledge about the legal proceedings that an individual can exercise to achieve such rights if he looses them.” • The law relating with recognition of rights and duties is called substantive law. It does not only provide rights, duties, immunities and privilege but also recognizes them and imposes on people of the society and make them accountable to respect that rights, duties as well. • Thus the substantial law provides the provisions and methods of enforcing such rights. In this point of view it is an objective as well as subjective matter of law. The purpose of substantial law is to ascertain the subject matter of litigation, whereas the purpose of procedural law is to ascertain the way as to how to be sued in the Court and how the Court is supposed to decide the things in civil and criminal proceedings. • According to Salmond, “Substantive law is concerned with the ends, which the administration of justice seeks, whereas procedural law governs the process of litigation.” The law which establishes means to be followed in enforcing or ascertaining rights, duties provisioned by substantial law is known as a procedural law. • In Black Law Dictionary, procedural law as “That which prescribes methods of enforcing right or obtaining redress for their invasion; machinery for carrying on a suit”. For instance, the question as to who holds the right to property is the question of substantive law and the question how to litigate a person to acquire his lost right is the question of procedural law. • Conclusion:
• In conclusion, it can be said that procedural
law inseparably linked with substantive law, prescribes the necessary procedures to exercise and defend the provisions of substantive law. For example, substantive law defines the various degrees of murder while procedural law prescribes the trial process. • Therefore, procedural laws only tell us how the legal process is to be executed, whereas substantive laws have the power to offer legal solution. • Substantive and procedural laws are the two main areas of the law and they are closely interrelated with each other, as one defines the rules of society while the other set the framework of process for enforcing them. Hence, one can not exist in the absence of the other.