Procedural law, also known as adjective law, refers to the set of rules that govern the method and means by which substantive laws are applied and enforced in courts. Unlike substantive law, which defines rights and duties, procedural law lays down the steps for enforcing those rights and duties—such as filing suits, presenting evidence, conducting trials, and appealing judgments.
Since procedural law deals with administration of justice, its interpretation follows different principles than those applied to penal or fiscal statutes.
Nature of Procedural Law
- Not Retrospective, Unless Expressly Stated
Although the general presumption is that laws are prospective, procedural laws are often treated as retrospective in nature. That is, they apply even to pending cases unless their language or purpose shows otherwise. - Liberal Interpretation
Procedural laws are interpreted liberally and purposively, with the aim of promoting justice, avoiding delays, and removing technical barriers that hinder the enforcement of substantive rights. - Doctrine of Substantial Compliance
If a party has substantially complied with procedural requirements, minor deviations are not treated as fatal. Courts focus on justice over technicality. - Procedural Law is a Handmaid, Not a Mistress
Courts often repeat this maxim to emphasize that procedure exists to aid the administration of justice, not to obstruct it. Thus, interpretation should align with this function. - No Vested Right in Procedure
Since procedural rules relate to the conduct of legal processes, there is no vested right in procedure. The legislature may change procedural rules, and such changes are usually applicable to existing legal proceedings, unless specified otherwise.
Judicial Approach in India
Indian courts have reinforced the flexible and justice-oriented interpretation of procedural law:
- State of Punjab v. Shamlal Murari (AIR 1976 SC 1177): The Supreme Court held that procedural laws should not be interpreted so strictly that they cause injustice. Substantial compliance is sufficient in many cases.
- Mahadev Govind Gharge v. Special Land Acquisition Officer (2011): The Supreme Court emphasized that procedures are tools of justice and should not be used to frustrate it.
- Sangram Singh v. Election Tribunal (AIR 1955 SC 425): It was held that procedural rules are meant to advance justice and must not be treated as rigid laws.
Illustration
Suppose a law requires that a copy of the petition be served on the respondent within 7 days. If the petitioner serves it on the 8th day but the delay causes no prejudice to the respondent, the court may still hear the case, applying a liberal interpretation of the rule to avoid injustice.
Code to Remember the Answer – HELP
| Letter | Stands For | Explanation |
|---|---|---|
| H | Handmaid of Justice | Procedure is a tool to serve justice, not to obstruct it. |
| E | Effective and Liberal Construction | Courts interpret procedural law liberally to ensure effective justice. |
| L | Laws Apply Retrospectively | Procedural laws are generally retrospective unless expressly excluded. |
| P | Purpose Over Technicality | Courts prioritize purpose and fairness over strict formality. |
