Q.9 WRITE DOWN THE DIFFERENCES BETWEEN SUBSTANTIVE LAWS AND PROCEDURAL LAWS.

Q.9 WRITE DOWN THE DIFFERENCES BETWEEN SUBSTANTIVE LAWS AND PROCEDURAL LAWS.

 


 (1) Differences Between Substantial Law and Procedural Law:-

 Differences between substantial and procedural laws are:

 (i) Different Names

 (ii) Rights and duties

 (iii) Remedy and rights

 (iv) Different purposes

 (v) Different application

 vi) Supremacy and subordination

 (vii) Constitution of a wrong and proof of a wrong

 (viii) Public at large and parties before court

 (ix) Different affairs 

(i) Different Names:-

 Substantial law is known as substantive law while procedural law is termed as adjective law. 

(ii) Rights And Duties:-

 Procedural law means those rules, which are to prescribe rules, which are necessary for acquiring rights and duties, where as substantial law means that law, which defines specific rights and duties. 

(iii) Remedies And Rights :-

 Substantial law defines remedies to violated rights, but procedural law defines modes and condition of application of one right to another one. 

(iv) Different Purposes:-

 The main purpose of substantial law is to highlight those ends, which administration of justice seeks, but procedural law highlights those means and instrument through which the ends can be achieved. 

(v) Different Application :-

 Substantial law is applied to those matters, which occur outside court where as procedural law is applied to those matters, which happen before court. 

(vi) Supremacy And Subordination:-

 Substantial law is substance in nature while procedural law is subordinate in nature. 

(vii) Constitution of A wrong And Proof of A Wrong:-

 Substantial law deals with those facts, which constitute a wrong, but procedural law deals with those facts, which constitute proof of a wrong. 

(viii) Public At Large And Parties Before Court:-

 Substantial law is about public at large while procedural law is about parties before court. 

(ix) Different Affairs:-

 Substantial law is for regulating those affairs, which are controlled by judicial proceedings whereas procedural law is for regulating conduct of affairs in judicial proceedings. 

(2) Conclusion To Law:-

 To conclude, it can be stated that all scholars have agreed that main objective of law is to achieve or to provide justice. Here an important point can be noted that law undoubtedly aims to achieve and provide justice without any discrimination, yet it cannot be claimed that law always succeeds in achieving its aim. However, it cannot also be stated that law always fails to achieve its aim. In fact, there are some advantages and disadvantages of law. Its advantages remain helpful in achieving its objective while its disadvantages prove hurdles in obtaining its aim. 

Post a Comment

Previous Post Next Post

Contact Form