Difference Between Procedural Law and Substantive Law

The term "law" encompasses governmental regulations established to safeguard the fundamental rights of citizens, imposing penalties such as imprisonment or fines for non-compliance. These regulations are broadly categorized into procedural law and substantive law. Procedural law governs the specific procedures involved in a case, following a structured process that guides the progression of the case.

In contrast, substantive law encompasses legislative statutes passed by the legislature through the enactment process, which regulate citizens' behavior. It delves into the framework and intricate details of legal disputes, ensuring clarity and consistency in the application of the law.

The article offers a simplified explanation of the distinction between procedural law and substantive law, shedding light on their respective roles in the legal system and the administration of justice.

Procedural Law

In contrast to substantive laws, procedural laws-also referred to as Adjective Laws-serve as the mechanisms for enforcing rights and duties. These laws encompass the regulations by which courts handle civil, criminal, or administrative proceedings, as well as the methods for creating and administering substantive laws. They are designed to ensure fair and consistent application of due process and fundamental justice in all cases before a court.

The validity of substantive laws is assessed through procedural law processes. Within procedural law contexts, rights may include access to information, the right to justice, the right to participate, and general civil and political rights. For instance, in environmental law, these procedural rights are considered in documents like the UNECE Convention On Access To Information, Public Participation In Decision-Making, And Access To Justice In Environmental Matters, commonly known as the Aarhus Convention.

Procedural laws are established to optimize the allocation of judicial resources. They are enacted following due legal processes. A court cannot impose civil or criminal penalties on individuals who have not been properly notified of the case against them or given a fair opportunity to present evidence or defend themselves. The standardization of procedural laws hinges on the procedures for filing cases, informing parties, presenting evidence, and determining facts to ensure the utmost fairness in legal proceedings.

Types of Procedural Law

Various legal systems have distinct procedural laws. While some procedural laws prioritize uncovering truths or ensuring fairness between parties, others aim for swift dispute resolution. Additionally, certain procedural laws emphasize the meticulous application of legal principles. Procedural laws serve as the tools for enforcing substantive laws, thus leading to the existence of different types of procedural laws based on the attributes of substantive laws.

Based on these, the procedural laws are primarily of two types:

1. Civil procedural laws or laws of civil procedure and
2. Criminal procedural laws or laws of criminal procedure

Laws of Civil Procedures

Civil procedural laws encompass a comprehensive set of guidelines, norms, and protocols that courts diligently adhere to when handling cases of civil matters and various civil trials. These laws delineate the procedural framework within which legal proceedings are conducted, ensuring fairness, transparency, and efficiency in the administration of justice.

These regulations dictate the procedures for initiating a civil suit or case and outline the steps to be taken throughout the proceedings. Additionally, they specify:

• The content of pleadings and statements of case, motions, or applications;
• The remedies accessible for civil cases;
• The rulings to be issued in civil cases;
• The timeframe for lodging appeals and the procedures for case resolution;
• The conduct of civil trials;
• The procedure for rendering judgments;
• The functioning protocols for courts, judicial officers, and clerks.

Civil procedural laws establish the entities involved in any civil case, which may include private individuals, groups, companies, organizations, or institutions pursuing claims against each other. Additionally, governmental bodies or their subdivisions and agencies may also be party to civil suits brought by private individuals or groups.

Examples

A significant civil procedural law in India is the Code of Civil Procedure, which oversees the management of civil proceedings and the execution of civil judgments and justice.

Laws of Criminal Procedures

Substantive criminal laws serve to address the repercussions of criminal acts committed against both public and private individuals. In contrast, criminal procedural laws function as a result, detailing the specific procedures to be adhered to in criminal cases. These procedural laws specify the methodologies through which criminal laws are to be applied and the accompanying procedures to be followed.

Judicial proceedings in criminal cases are geared towards establishing the truth and determining guilt or innocence based on the available evidence. Consequently, criminal procedural laws also regulate various aspects, such as the presentation of evidence, the roles of witnesses in criminal offenses, and the documentation and validation of offenses through physical evidence. These provisions ensure thoroughness, accuracy, and fairness in the adjudication process within the criminal justice system.

Stages of Procedural Criminal Laws

Procedural Criminal Law can be categorized into two main phases:

1. The investigative stage.
2. The adjudicatory stage.

During the investigatory stage, the investigation primarily involves:

1. Verifying the facts and circumstances of the case through inquiries conducted by law enforcement officers or investigative agencies.
2. Arresting the suspect based on circumstantial evidence.

The adjudicatory stage commences with the trial of the suspect in court for the alleged criminal offense.

Examples

In India, the Criminal Procedure Code of 1973 outlines the procedures for prosecuting different types of criminal offenses and the punishments to be imposed by criminal courts. It details the steps to be followed in the event of any criminal offense, including the arrest of the accused, investigation of the alleged crime, bail procedures, court jurisdictions, filing of criminal appeals, revisions, and compounding of offenses, among other aspects related to various criminal offenses.

Limitations of Procedural Laws

• Certain procedural laws may enforce stringent time limits, potentially expediting or delaying the pace of legal proceedings.
• A party lacking familiarity with procedural laws may inadvertently violate the guidelines. While such breaches may not impact the merits of the case directly, they could significantly harm the party's chances.
• Procedural laws face ongoing debates regarding whether judges should possess more discretion to navigate the rigidity of rules or less discretion to prevent outcomes influenced primarily by personal preferences rather than laws or facts.

Substantive Laws

Substantive law encompasses the legal framework that delineates the rights and responsibilities of individuals and entities. It establishes what conduct is lawful or unlawful and prescribes the corresponding penalties. Substantive law encompasses various legal domains, including criminal, civil, and contractual matters.

Criminal law is a prime example of substantive law, as it specifies prohibited actions and their associated punishments. For example, murder constitutes a criminal offense punishable by imprisonment or, in certain jurisdictions, capital punishment.

On the other hand, civil law governs disputes between individuals and organizations, addressing issues like breach of contract, personal injury, and property disputes.

Substantive law is typically codified in statutes, regulations, and precedent-setting case law. Statutes are legislative enactments passed by governing bodies such as national parliaments or state legislatures, while regulations comprise rules and protocols established by administrative agencies.

Case law, on the other hand, refers to the body of legal principles developed by judges in interpreting statutes, regulations, and constitutional provisions.

Types of Substantive Laws

Substantive laws provide comprehensive guidance by delineating both permissible and prohibited actions, along with the corresponding punishments or remedies that ensue. They cover a wide spectrum of legal domains, encompassing not only public and private law but also substantive civil and criminal laws. These laws serve as foundational pillars within the legal framework, establishing the boundaries of conduct and facilitating the administration of justice in diverse areas of society.

Substantive Civil Laws

Substantive civil laws pertain to disputes among individuals, organizations, or a combination thereof in which the harmed party is entitled to compensation. These laws enable courts to determine whether the plaintiff's legal rights have been infringed upon.

To seek compensation under substantive civil laws, the plaintiff must demonstrate that they have suffered damages or injuries under the relevant legal provisions. If the plaintiff successfully proves their case before the court, either personally or through legal representation, substantive civil laws facilitate compensation for any resulting harm or injury.

While substantive civil laws do not afford constitutional protection to either party, they grant both parties the right to appeal.

Examples

• The Indian Contract Act of 1872 delineates the fundamental elements and prerequisites necessary for forming any contract. Within contract law, other statutes, like the Sale of Goods Act of 1930, regulate the sale of goods, while the Partnership Act of 1932 governs the establishment and registration of partnership firms and businesses.
• The Indian Succession Act of 1925 pertains to the substantive regulations governing testamentary and intestate succession among individuals adhering to various forms of Christianity in India.
• Additional substantive civil laws in India include statutes such as the Transfer of Property Act of 1882, the Indian Trust Act of 1882, the Maternity Benefit Act of 1961, the Factories Act of 1948, and the Industrial Disputes Act of 1947.
• Substantive civil laws encompass private wrongs, including torts. The Law of Torts illustrates substantive civil laws. However, in India, the law of torts has developed independently from its English counterpart and is not formally codified.

Substantive Criminal Laws

Substantive criminal laws address criminal offenses and the corresponding penalties for each offense.

A criminal prosecution commences when a defendant breaches a criminal statute. The principal objective of substantive criminal laws is to punish the convicted individual, with compensation possibly being awarded to the victim depending on the circumstances.

The court determines the accused's guilt through the application of substantive criminal laws and, if found guilty, the appropriate punishments for the criminal offense.

In contrast to substantive civil laws, substantive criminal laws afford constitutional protections to the accused from the outset of the trial. However, only the defendant has the right to appeal, unlike in substantive civil laws where both parties may appeal.

Example

The Indian Penal Code (IPC) outlines numerous penal offenses along with their corresponding punishments. It also delineates the circumstances and conditions under which various penal offenses, such as 'Murder', 'Rape', 'Abduction', etc., are considered to have occurred.

Limitation of Substantive Laws

• Certain aspects of substantive laws can hinder access to justice. Elements within substantive laws that are disadvantageous to any party involved can serve as barriers to achieving justice.
• Substantive laws can constrain and curtail the authority and liberty of individuals.
• The state holds the unrestrained authority to enact laws at its discretion, which the judiciary is obligated to adhere to.

In India, the judiciary holds the authority to invalidate any law deemed unconstitutional.

For instance, the Supreme Court of India nullified the Constitution (Ninety-Ninth Amendment) Act, 2014, which introduced the National Judicial Appointment Commission (NJAC) for appointing judges, replacing the traditional collegium system. This ruling occurred in the case of the Supreme Court Advocates-on-Record Association and another v. Union of India (2016).

Difference Table

Conclusion

Substantive and procedural laws both play indispensable roles in ensuring the fair and effective administration of justice. Substantive laws form the foundation by governing the rights and obligations of individuals towards each other and the state, as well as shaping the objectives and subject matters of legal disputes. Conversely, procedural laws serve to manage and guide the specific proceedings of individual legal cases.

These two branches of law work hand in hand, with substantive laws providing the overarching framework of rules and regulations. In contrast, procedural laws offer detailed instructions on how these laws should be applied and enforced. It is crucial to recognize that procedural laws, while vital in facilitating legal proceedings, always remain subordinate to the substantive laws they serve to uphold. This principle, as emphasized by the Honorable Supreme Court and affirmed in various judicial precedents, underscores the hierarchical relationship between substantive and procedural laws within the legal system.