The concept of inherent power of the court refers to the authority vested in the court to make necessary orders and take appropriate actions in the interest of justice, even if such powers are not specifically provided for in the law or procedural rules. These inherent powers are derived from the court’s duty to administer justice effectively and efficiently.
Basis of Inherent Power
The inherent power of the court is based on the principle that the court should have the necessary authority to do justice and prevent abuse of its process. It recognizes that the court’s powers are not limited to what is expressly mentioned in the law, but also encompass what is necessary to achieve the ends of justice.
Section 151 of CPC – Inherent Powers
In the context of the Code of Civil Procedure (CPC), Section 151 confers inherent powers upon the court. It states that the court has the inherent power to make orders as may be necessary for the ends of justice or to prevent abuse of the court’s process. This provision recognizes that the court has inherent authority to act in situations where no specific provision exists.
Nature of Inherent Power
The inherent power of the court is discretionary and is exercised sparingly and cautiously. It is invoked when the specific provisions of the law or procedural rules are insufficient or inadequate to address a particular situation or to prevent an injustice.
Scope of Inherent Power
The inherent power of the court is wide-ranging and covers various aspects of case management, procedure, and justice administration. Some examples of the court’s inherent powers include:
- Granting necessary adjournments to ensure a fair hearing.
- Imposing costs or penalties for misconduct.
- Allowing amendments to pleadings to rectify defects.
- Granting interim relief or injunctions to preserve rights.
- Setting aside ex parte orders obtained by fraud or misrepresentation.
- Making procedural orders to prevent abuse of process.
Limitations on Inherent Power
Although the court has inherent powers, they are not unlimited. The court’s exercise of inherent power must be consistent with the principles of natural justice, fairness, and due process. It should not be used to override or contradict the express provisions of the law.
Invocation of Inherent Power
Parties can invoke the court’s inherent power by bringing appropriate applications or motions, providing the necessary grounds and supporting evidence. The court will then exercise its inherent power after considering the facts and circumstances of the case.
The inherent power of the court ensures that justice is not hindered by procedural limitations and allows the court to take necessary measures to uphold the principles of fairness and equity. It empowers the court to fill gaps in the law and address unforeseen circumstances in the interest of justice.
