“Human progress is neither automatic nor inevitable…Every step towards the goal of justice requires sacrifice, suffering and struggle; the tireless exertions and passionate concern of individuals”
~ Martin Luther King, Jr.
Any State is characterized by its three constituting pillars; namely: Legislators, Executives, and Judiciary. All three derive their power from the Constitution of the State and work within the ambit of these powers as prescribed by the Constitution. Though the nature of their respective tasks is not wholly exclusive but each mainstay must try that its actions do not have an overriding effect on one another. Legislators is a group of people who makes the laws, the Executive Body implements these laws and makes other administrative decisions while the Judiciary is responsible for the smooth functioning of a legal system of a country. Judiciary consists of all the judges in the Country’s Courts of Law. Justice or the system of laws in a country which judges and punishes people is carried out by the Judiciary of a country. This process is called Administration of Justice. According to a jurist, Salmond:
“Administration of Justice is the process of maintaining Justice within a political community by means of physical force of State. It is the application by State of the sanction of force to a rule of right.”
Salmond’s definition requires that a ‘physical force’ is required to administer justice in a State. Thereby, the Judiciary as well as any agency, department or autonomous body which is accountable to govern justice through sanctions is included in the State organ which metes out fairness. In our Country, such administrative organs are: Police, Rangers, ISI, FIA, Special Branch, Judiciary etc. Other than Judiciary each department/body has been formed through a distinct Act of Parliament and is answerable to the Parliament.
Justice finds its roots in the oldest of times. Greeks devised a system of Gods and Goddesses through which various acts of the individuals or society as a whole were awarded or appeased. Sacrifices were offered in order to make good for the wrongs of others and to reinstate harmony. The concept that Good has to be rewarded, Evil has to be punished is as old as the man himself. Justice or the law of moral righteousness is very close to natural law since both are based on the idea of Morals.
“In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same.”
~ Albert Einstein
Justice in its purest form not only enforces order but also serves as a deterrent to discourage further wrong on the part of individuals. It guides, it prevents, and it punishes. Justice has a direct and lasting effect on the way a country is governed. Governance is the way the government directs influences and controls the system of a country. It is a term which describes the functioning of public institutions, the management of public resources and the conduct of public functionaries with other state departments and with the general public in order to give the public maximum rights. Good governance of an organization ensures smooth functioning and minimizes friction with other organizations. But governance necessitates a set of requirements that allow for the management of an organization. The most important of it is justice.