What are Inherent Powers of the Court?
Inherent powers refer to the natural authority that a court possesses to regulate its procedure, protect its dignity, and secure justice between parties. These powers are not explicitly mentioned in many procedural laws but are recognized as implicit in the very nature of judicial function.
Under Indian law, the Code of Civil Procedure (CPC), 1908, specifically acknowledges these powers under Section 151, which states:
“Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.”
Scope of Inherent Powers
The scope of inherent powers is wide but not unlimited. Courts may use them in the following situations:
- To correct procedural defects where no specific remedy exists
- To prevent abuse of process by a litigant
- To ensure complete justice between parties
- To stay proceedings in appropriate cases
- To recall orders obtained by fraud or misrepresentation
- To consolidate suits where necessary for convenience and fairness
However, courts cannot override express provisions of law using inherent powers. These powers must support justice, not create new rights or bypass statutory procedures.
Legal Basis and Case Law
While inherent powers are primarily discussed in the CPC (Section 151), criminal courts also have inherent powers under Section 482 of the Code of Criminal Procedure (CrPC), 1973.
Key Case Laws:
- Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (AIR 1962 SC 527)
The Supreme Court held that courts have inherent power to issue temporary injunctions even if not specifically mentioned under Order 39 of the CPC. - State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335)
The Supreme Court laid down guidelines for quashing FIRs using Section 482 CrPC, establishing that courts can use inherent powers to prevent miscarriage of justice. - K.K. Velusamy v. N. Palanisamy (2011) 11 SCC 275
The Court emphasized that inherent powers should be exercised sparingly, and not to circumvent provisions of the CPC.
Limitations on Inherent Powers
While courts enjoy wide discretion, they **cannot use inherent powers to:
- Contradict or nullify statutory provisions
- Grant reliefs that laws explicitly prohibit
- Override express rules of procedure
- Extend time limits beyond the law’s scope
Inherent powers complement but do not replace formal rules. Judges must ensure that their use of these powers upholds natural justice and procedural fairness.