HIMACHAL PRADESH NATIONAL LAW UNIVERSITY,

SHIMLA

DISCIPLINE: DRAFTING, PLEADING AND CONVEYANCING

TITLE: - COMPARISON BETWEEN PROCEDURAL AND SUBSTANTIVE LAW

OF INDIA

SUBMITTED BY- SUBMITTED TO

ROHIT DHAMIJA DR. BHARAT BAROWALIA
1020202105 ASSISTANT PROFESSOR OF LAW
BA.LLB, 7TH SEMESTER HPNLU, SHIMLA

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 ACKNOWLEDGEMENT

I Rohit Dhamija a FOURTH-year law student would like to express my sincere gratitude
towards Dr Bharat Barowalia, Assistant professor of Law, who always stand for us and helped
me at every possible step of my assignment. And without whose guidance I would not have
completed my assignment successfully. I would also like to sincerely thank Himachal Pradesh
National Law University, Shimla and its faculty for guiding and encouraging me at every step
of my assignment.

I would also like to extend gratitude to my seniors and friends who played an important role
and assisted me with the insights they had. Last but not the least I bestow my heartfelt gratitude
towards my parents and family members whose instant motivations kept me going throughout
the assignment.

ROHIT DHAMIJA
B.A. L.L.B (Hons)
7th SEMESTER

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 DECLARATION BY THE STUDENT

I, the undersigned solemnly declare that the present assignment on the topic “Comparison
between Procedural and Substantive law of India” is purely based on my own work as it
have been carried out during my study under the esteemed guidance and supervision of Dr.
Bharat Barowalia, Assistant professor of Law, at the Himachal Pradesh National Law
University, Shimla and also from the help of various online websites and research papers. I
would like to make clear that the whole assignment is typed by me on my own words after
taking the help from the mentioned sources. It is important to note that plagiarism may be found
as I haven’t done the assignment paraphrase. I further certify that:

1. The work contained in the assignment is not purely original but has been done by myefforts
and hard work.

2. The work is not submitted to any other organizations, journals, websites, etc.

3. I’ve followed the guidelines provided by the university in writing the assignment.

ROHIT DHAMIJA
B.A. L.L.B (Hons)
7th SEMESTER

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 CONTENTS

1. LIST OF CASES REFERRED ...............................................................................4

2. RESEARCH METHODLOGY ...............................................................................5

3. INTRODUCTION .................................................................................................... 6

4. A GENERAL JURISTIC APPROACH PERTAINING TO SUBSTANTIVE AND

PROCEDURAL LAW ................................................................................................. …7

5. SUBSTANTIVE LAW ..................................................................................................... ...9

6. PROCEDURAL LAW .................................................................................................. …13

7. COMPARISON BETWEEN ......................................................................................... …17

8. CONCLUSION ................................................................................................... …19

9. BIBLIOGRAPHY .............................................................................................. …20

LIST OF CASES REFERRED

 Farookh Mohammed v. the State of Madhya Pradesh - AIR 2010 SC 3947

 M.V. Elisabeth and Ors v. Harwan Investment & Trading Pvt. Ltd 1993 AIR 1014 Gurudwara
Bei Sehjal vs Nanhku and Others (4) SCC 21 March, 2022
 Supreme Court Advocates-on-Record Association and Another v. Union of India (2016) -
(2016) 5 SCC 1
 Thirumalai Chemicals Ltd. v. Union of India and Others (2011) - AIR 2011 SC 439

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 RESEARCH METHODLOGY

1. This assignment adheres to both the combination of doctrinal and non-doctrinal (empirical)
method of research as there are both legal studies and the paper at same time concentrates on
the social values which is present in such a theoretical analyzing paper. This assignment
utilizes the both primary and secondary sources of data such as journal articles, books,
unpublished thesis and other empirical data as well. Adopted a comparative research design to
systematically analyze and compare procedural and substantive laws in the Indian legal
system. Collected primary data from relevant legal texts, statutes, and legislative documents
to understand the provisions of procedural and substantive laws in India. Analyzed significant
judicial decisions to comprehend the application and interpretation of procedural and
substantive laws.

RESEARCH OJBECTIVES:

2. To analyze the historical development of procedural and substantive laws in India.

3. To identify and compare the key principles and characteristics of procedural and substantive
law in specific legal contexts.

4. To assess the impact of recent legal reforms on procedural and substantive laws

RESEARCH QUESTIONS OR HYPOTHESES:

5. How do procedural and substantive laws interact within the Indian legal system?
6. What are the key differences and similarities between procedural and substantive laws in
India?
7. How do legal professionals perceive the relationship between procedural and substantive laws
in their practice?
8. Are there instances where procedural and substantive laws appeared to be in conflict, and how
were such conflicts resolved?

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 INTRODUCTION

9. Law is respected to be the sign of the advanced sovereign country states which fills in as
an instrument to communicate and authorize the preeminent power. However Law is
respected to be a major component for the guideline and control of the way of behaving of
man inside any general public, in a lot more extensive sense, it is somewhat a science
which worry with guideline of the undertakings of man as well as too of the state and
connection between the states. Regardless of any type of appearance, Law is extensively
seen to be arranged into two significant classes of expansive implications, which are
A. Substantive Law
B. Procedural Law
10. The Substantive and Procedural Laws are the two significant parts of Law. The expressions
"Substantive" and "Procedural" appear to have been concocted by Bentham in 1843.
Austin scrutinized the qualification' saying "it can't be made the premise of a fair division.".
Holland in his 'Composition based on Law' advocated the conditions "Substantive" and
"Descriptor" and that have been acknowledged by essayists overall. In this example we
will examine the 'Juristic Methodology' towards differentiation between these two parts of
Law as both the Laws are significant and one couldn't be successful in that frame of mind
of other. However there might be some covering between these two parts of Law. It's
anything but a simple assignment to state with accuracy the specific idea of the
differentiation between the two. However, one might say that without laws of a Substantive
Sort, Procedural Law wouldn't have a lot to direct, and without Procedural Law, fair and
predictable utilization of Meaningful Law is preposterous The Meaningful and Procedural
Laws are the two significant parts of Law. The expressions "Substantive" and "Descriptive
word" appear to have been concocted by Bentham in 1843. Austin censured the
qualification' saying "it can't be made the premise of an equitable division.". Holland in
his 'Composition based on Law' advocated the conditions "Substantive" and "Descriptor"
and that have been acknowledged by essayists overall. In this example we will examine
the 'Juristic Methodology' towards differentiation between these two parts of Law as both
the Laws are significant and one couldn't be successful in that frame of mind of other.
However there might be some covering between these two parts of Law. It's anything but
a simple assignment to state with accuracy the specific idea of the differentiation between
the two. In any case, one might say that without laws of a Meaningful Sort, Procedural

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 Law wouldn't have a lot to manage, and without Procedural Law, fair and steady utilization
of Substantive Law is preposterous.
11. The Substantive and Procedural Laws are the two significant parts of Law. The expressions
"Substantive" and "Descriptor" appear to have been imagined by Bentham in 1843. Austin
reprimanded the differentiation' saying "it can't be made the premise of a fair division.".
Holland in his 'Composition on Statute" advocated the expressions "Substantive" and
"Descriptive word" and that have been acknowledged by essayists overall. In this
illustration we will examine the Juristic Methodology' towards qualification between these
two parts of Law as both the Laws are significant and one couldn't be powerful in that
frame of mind of other. However there might be some covering between these two parts
of Law. It's anything but a simple assignment to state with accuracy the specific idea of
the differentiation between the two. In any case, one might say that without laws of a
Meaningful Sort, Procedural Law wouldn't have a lot to manage, and without Procedural
Law, fair and steady utilization of Substantive Law is preposterous.

A GENERAL JURISTIC APPROACH PERTAINING TO

SUBSTANTIVE AND PROCEDURAL LAW:

12. Bentham is believed to have coined the notions of “substantive” and “adjective” in the year
of 1843. However, both the terms “Substantive” and “Adjective” became well-known by
virtue of Holland’s “Treatise on Jurisprudence,” which is now widely recognized among
scholars.
13. Despite both kinds of law being crucial in determining the nature and functions of
numerous modern day legislation and enactment, and neither kind of law being well
effective in the non-existence of the other, there appears to be no consensual opinion with
regards to either kind of law as various jurists strongly hold on to various contradictory
views.
14. According to Bentham, the “Substance Law” and the “Procedural Law” can be
differentiated distinctly and starkly from one another while retaining the view that it is
important that both the kind of law should co-exist. However, Austin hold on to a much
more critical opinion with regards to the distinction concerning between the substantive
and procedural law as he contemplated a more distinct consideration of purpose of law and
undertook the view of portrayal of law exclusively in terms of power with scope for any
visible distinction.

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15. Thomas Holland, the British literary lawyer and jurist, outlined substantive law as the laws
that articulate how the laws would assist in safeguarding the people’s rights in his famous
work of ‘Treatise on Jurisprudence’. Further, he explained procedural law, which is also
regarded as adjective law, to be the laws that offer means of promoting and safeguarding
rights.
16. Besides, Salmond was of opinion that the separation concerning substantive and
procedural law is primary is of theoretical nature but in operational values the procedural
laws either entirely or considerably correspond to the rules pertaining to the substantive
laws.
17. Further, Salmond as well asserts the fact that if one adopts the stance that the process of
justice administration in its ordinary form also includes the application of remedies against
infringement of rights, then this may suggest that the rules of the substantive law is the one
that determine the rights, while the procedural law determine the suitable remedies.
However, this distinction between right (jus) and remedy (remedium) is unreliable
because, in a wider sense, plenty of rights come even within the umbrella of procedure.
18. Another legal perspective maintains that “Substance” and “Procedure” are incapable of
being differentiated from one another. In the opinion of Charles Frederic Chamberlayne,
the boundary of distinction across substantive and procedural law is illusory and fictitious.
From a legal point of view, the remedy and the envisioned mechanism are an integral part
of the right itself, insofar as the claimant has a legitimate right to employ them.
19. Professor Cook arrived at a conclusion whereby he reached at the trichotomy-based view
and put forth the opinion that besides the notions of substance and procedure, a third area
also exists. This third area is grey in nature. Moreover, it is the aimed purpose that
considerably determines whether the nature of the law is substantive or procedural.
20. Thus, it may be concluded that it is inconceivable to even think of developing procedural
laws in the absence of any already enacted substantive laws. Similarly, judicial procedural
laws are necessary for the equitable and effective utilization of substantive laws. Both the
laws are equally vital, and one cannot be adequately applicable being devoid of the other.

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 SUBSTANTIVE LAW: MEANING AND NATURE

21. Substantive law is regarded as aiming towards the establishment of a well-defined set of
rules and Laws pertaining generally and specifically to the governance of the rights,
liabilities, and obligations deemed necessary to be observed by the body of individuals
upon whom its applicability extends to. Besides, it is widely considered that the legal
relationships among the individual people or between the people and the governing entity
is the subject matter of substantive law. However, beyond the legal premise, it holds no
applicability. It is the body of law that governs all legal actions, whether they are civil or
criminal. Further, in the case of M.V. Elisabeth and ors v. Harwan Investment & Trading
Pvt. Ltd.1 it has been concluded that it is the role of the Court to formulate a procedure by
the way of drawing comparisons to other prevalent legal systems when the statute does not
provide the required remedy which the substantive law mandates for securing justice for
the aggrieved. The nature of substantive law is as follows:

I. The central premise with which substantive law deals with is the legal relationships
among the individual people or between the people and the governing entity.
II. The Substantive law refers to the statutory legislations that establish and articulate
precisely that the rights of the general people are to be safeguarded by the law and the
obligations of the people should be maintained. It also delineates the offenses
and the appropriate remedies against such offence.
III. The nature of litigation involving the dispensation of justice is also settled by
substantive law.
IV. The substantive laws have authority to decide any matter independently.
V. The statutory framework associated with each crime, including how the case will be
conducted and what exact punishment will be provided for the committed offence is
determined by substantive laws.
VI. It is inapplicable in nature beyond the legal premise.
VII. Statutory laws or precedents in the common law system are substantive laws.

VIII. Substantive laws deal with the legal relationship between individuals or the legal
relationship between an individual and the State.

1
M.V. Elisabeth and ors v. Harwan Investment & Trading Pvt. Ltd 1993 AIR 1014
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 IX. Substantive laws determine the subject matter of litigation pertaining to the
administration of justice.

22. In the case of Thirumalai Chemicals Ltd. v. Union of India and others (2011) 2, the
Supreme Court ruled that substantive laws are a body of rules that “creates, defines and
regulates rights and liabilities”. On the other hand, procedural laws establish “a
mechanism for determining those rights and liabilities and a machinery for enforcing
them”.

Sources of substantive laws

23. The Substantive Laws are usually derived from:

 the principles in Common laws which already exist, codified statutory laws
 Constitution
 judicial precedents in cases with similar facts and circumstances.
24. Substantive laws are also derived from various treaties that dictate the conditions of the
law. One such example is the Laws and directives of the European Union followed by trade
treaties, rules of the WTO and bilateral treaties.
25. Other sources of substantive laws include:

 The writings of legal scholars: In civil laws, academic writings which explain or

interpret the Constitution or laws influence the decisions of the courts.

 Edicts from a king/ ruler;

 “Sharia law” in religious books and edicts in the case of some of the Islamic countries.

Indian Penal Code, Indian Contract Act, 1872, Transfer of Property Act, 1882, Specific
Relief Act, 1963 etc., are some of the examples of substantive laws in India.

26. Basic Principles of Substantive Law

 Fundamental precepts that outline the nature and scope of substantive law govern how

it functions. These principles affect how rights and duties are established and upheld,
as well as how the legal system is structured.

2
Thirumalai Chemicals Ltd. v. Union of India and others AIR 2011 SC 439
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  Legality: The fundamental tenet of substantive law is that only conduct that has been

expressly declared illegal by legislation or common law may subject a person to

liability.
 Fairness and Equity: It aims to guarantee that the allocation of rights, benefits, and

protections among members of society is fair and equitable.

 Public Policy: In order to advance the greater good and address pressing issues,

substantive legislation must take into account social values.

 It aims for predictability and uniformity in its implementation so that people may

understand their rights and duties and make wise decisions in line with them.
 Flexibility: While preserving its fundamental ideas, substantive laws capable of

adjusting to shifting societal requirements and conditions

TYPES OF SUBSTANTIVE LAW

27. The substantive law pertains to all classes of private as well as public law including the
civil and criminal law of substantive nature. The substantive law is broadly divided under
two important heads which is illustrated diagrammatically below-

Civil law of substantive Nature:

28. This refers to law that concerns with conflicts arising from dispute between any individual,
or any organized entity, or at times with both. In such situation the victim has the right to
get compensated. This also encompasses within its purview any private wrong that is a
‘Tort’ that unjustly results in another person suffering loss or hurt giving rise to the liability
of the individual committing such a wrongful act. The Law of Contract, which outlines the
fundamental elements that are necessary for the creation of contracts, is also a part of
substantive civil law. Indian Contract Act, 1872; Hindu Marriage Act; Indian Succession

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 Act, 1956; Specific Relief Act,1963; Transfer of Property Act, 1882; Indian Trust Act,
1882 e.t.c are few examples substantive civil law.

Criminal Law of Substantive Nature:

29. The Criminal acts and the concerned punishment with regards to it that is required to be
given are covered within the ambit of the substantive criminal laws. Once a defendant
breaks a criminal law, a criminal case is launched. The fundamental goal of substantive
criminal law is to punish the guilty party, albeit depending on the circumstances,
compensation may also be given to the victim. The court employs the substantive laws of
criminal nature for the evaluation and determination of the guilt of the accused. Incase,
the accused is pronounced to be guilty then the nature and term of punishment is further
determined.

The Influence of Substantive Law on Society

30. Substantive law forms the backbone of the societal structure by dictating the rights,
obligations, and duties of individuals. It has an extensive influence on society:

 Regulates Behavior: Substantive law outlines what is considered acceptable and

unacceptable behavior in society, helping maintain order and regulate conduct.
 Defines Legal Consequences: It stipulates the penalties for various offenses, which can
act as a deterrent for illegal activities.
 Protects Rights and Interests: Substantive law safeguards the rights, interests, and
freedoms of individuals and organizations.
 Resolves Disputes: It provides a framework for resolving dispu guiding the resolution
process, and defining what constitutes a violation.

31. Limitations of Substantive laws

 Elements of substantive laws sometimes act as an obstacle to access to justice. Some

elements of substantive laws which are unfavourable to any litigant will constitute an
impediment to justice.

 Substantive laws can be used to limit and restrict the power and freedom of any
individual.

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  The State possesses the uncontrolled and unlimited power to frame laws according to
its own will which the judiciary is bound to follow.
However, in India, the judiciary may strike down any law if it is unconstitutional.

32. For example, the Supreme Court of India struck down the Constitution (Ninety-Ninth
Amendment) Act, 2014, which established the National Judicial Appointment Commission
(NJAC) for the appointment of judges instead of the traditional collegium system of
appointment of judges, in the case of Supreme Court Advocates-on-Record Association
and another v. Union of India (2016).3

PROCEDURAL LAW: MEANING AND NATURE

33. Procedural Law holds significance with regards to administration of justice in the society
as the very nature of procedural law the direct and control the practice, technique, and
mechanism employed for the application of the law. Procedural law is described widely to
be also called as ‘Adjective Law’ as it provides for the description of implementation of
the goals delineated by the substantive rules and Law. Infact, Madhya Pradesh High Court
held the decision in Farookh Mohammed v. the State of Madhya Pradesh (2015) the
procedural law should always follow substantive law. Further, in case of Bhagwan
Swaroop And Ors. vs Mool Chand And Ors, it is observed that the purpose of the law of
procedure is to advance justice, not to obstruct it. Procedural law stems mainly from the
supreme law of the land that is the constitutional law, enacted statutes, written rules issued
by law enforcement organizations pertaining to their respective employed members, which
might not bear the legal enforcement as any other enacted laws but the infringement might
culminate in internal punishments; and the Supreme Court’s rules and procedural
directives. Holland asserts that although adjectival law largely focuses on the entitlements
and conduct of the litigants but it also has deals with variety of other issues like the
structure of courts and responsibilities of the judges which comes within the purview of
public law. Hence, we may conclude the basic nature of Procedural law to be as follow:

3
Supreme Court Advocates-on-Record Association and another v. Union of India (2016) 5 SCC 1

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 I. It establishes the rules and guidelines by the help which the law is applied.
II. It pertains to the legal procedure and decides what facts are sufficient to establish
a Tort.
III. The Procedural law aims at describing the ways and circumstances in which
remedies that available against the violated rights can be put to application for the
goal securing justice.
IV. The procedural rules being of adjective in character in its foundation specifically
delineate the manner in which the State may bring forth a lawsuit before a court of
law.
V. It governs which governs all kinds of proceedings of legal nature, whether they are
civil or criminal.
VI. Procedural law as devise a method for the judicious of gathering of evidence;
carrying out of any necessary searches; making of required arrests; setting of valid
bail; and putting forth the gathered evidence at before the court at the time of trial
and procedures concerning sentencing.

34. A procedural law should always follow substantive law. The Madhya Pradesh High Court
held the decision in Farookh Mohammed v. the State of Madhya Pradesh (2015 4). The
Himachal Pradesh High Court held that procedural law should not ordinarily be considered
“mandatory” in the case of Gurudwara Bei Sehjal v. Nanhku And Others5 (2022).

Sources of procedural laws

35. Procedural laws are extremely important in the administration of justice. They function as
the means by which substantive laws should be implemented. The primary source of
procedural laws is the Constitution. Other sources of procedural laws include:

 Statutes enacted by the legislature;

 Written Laws for employees of various law enforcement agencies. These Laws cannot
be considered as laws but violating them results in taking internal actions.
 Various rules, procedural guidelines and rulings of cases laid down by the Supreme
Court.

4
Farookh Mohammed v. the State of Madhya Pradesh AIR 2010 SC 3947
5
Gurudwara Bei Sehjal v. Nanhku And Others (4) SCC 21 March, 2022
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Key Principles of Procedural Law

36. Procedural law is founded on fundamental principles that guide its implementation and
promote a fair legal procedure. Understanding these principles reveals the attitudes that
underpin procedural law.

 Fair Treatment: Procedural law emphasises the need of treating persons fairly, allowing
them to submit their case before an impartial judge.

 It promotes the idea of equal treatment by ensuring that all parties interested in a
judicial action have an equal opportunity to submit their views.

 Procedural law seeks to conduct legal procedures in a timely way. minimising delays
and promoting efficient case settlement.

 Transparency: The idea of transparency necessitates that the legal process be

transparent and available to the public in order to promote accountability and public
confidence.

 Settlement: By creating explicit processes for appeals and the settlement of

judgements, procedural law tries to put an end to legal conflicts.

TYPES OF PROCEDURAL LAW

37. The Procedural law is broadly divided under two important heads which is illustrated
diagrammatically below-

Civil Law of Procedural Nature:

38. This refers to the set of laws governing the civil procedure and consists within its ambit
the rules, guidelines and standardized procedures that courts must adhere to when hearing

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 cases involving civil issues or while conducting civil trials. It concerns with various civil
matters. The rules pertaining to civil cases starting from the institution of plaint to
pronouncement of final judgement are well delineated in the civil law of procedural nature.
The 1908 enacted law of CPC amalgamates and integrates the various laws that relates to
the procedure of the courts having civil jurisdication.

Civil Law of Criminal Nature:

39. The procedures that are undertaken to penalize someone who defies a criminal law are
specified and regulated by law pertaining to criminal procedure. Procedural concerning
criminal law is composed of two essential phases, namely, the phases of investigation and
adjudication. Police personnel interviewing witnesses and gathering information about the
case are the main components of an investigation, along with the arrest of anyone who may
have committed a crime. However, the when the suspect person goes through the process
of trial in a court of justice for the contended criminal act committed by him, the phase of
adjudication is initiated. In Indian context, the 1973 enacted act that is Cr.P.C is said to
detail out the procedure concerning criminal offences investigated, tried and sentenced.

The Role of Procedural Law in the Legal System

40. Procedural law is akin to a roadmap for the legal process, guiding each case through the
complexities of the judicial system. Its role is to ensure justice, equality, and fairness in
the implementation of the legal system. It fulfills a variety of critical functions:
 Defines the Rules of Proceeding: It stipulates the manner and order in which a case
should progress, outlining rules about evidence gathering, testimonies, and sentencing.
 Upholds Legal Consistency: It ensures the legal process is uniform and consistent
across different cases, ensuring fairness in judicial proceedings.
 Protects Individual Rights: By outlining the processes, it safeguards an individual's
rights to a fair trial, helping prevent miscarriage of justice.
 Promotes Efficiency: Procedural law streamlines the judicial process, minimizing
potential bottlenecks and redundancies, and increasing efficiency.

Limitations of procedural laws

41. Procedural laws have certain drawbacks and limitations.

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  Some of the procedural laws may impose strict time limitations which may either
hasten or slow down the speed of the legal proceedings.

 Any party who is unfamiliar with procedural laws may breach the guidelines. Though
they may not affect the merits of the case, the failure to follow these guidelines may
severely damage the chances of the party.

 Procedural laws are constantly torn between arguments that judges should have greater
discretion to avoid the rigidity of the rules. While the other argument is that the judges
should have less discretion in order to avoid a result based more on personal
preferences than the laws or the facts.

COMPARISON BETWEEN SUBSTANTIVE LAW AND PROCEDURAL

LAW.

42. The Substantive law defines and determines the obligations and rights of people and legal
entities while Procedural law lays down the method of aiding, the steps and procedures for
enforcement of Law Civil and Criminal.
43. When a particular law defines rights or crimes or any status, it is called Substantive Law.
It defines how a crime or tort will be charged and how the evidence and case facts will be
presented and handled. EX: The definition of 'manslaughter' is substantive.
44. A Substantive Law also provides for Prohibitions administered by courts which behaviors
are to be allowed and which are prohibited such as law providing prohibition against
murder or the sale of narcotics. Procedural laws describe the ways and methods following
which substantive law is enforced. Procedural laws exclusively deal with the proceedings
in the court and the methods to start a legal case.
45. Substantive laws are applied only in legal contexts while Procedural laws are applied in
both legal and non-legal contexts including proceedings of litigation.
46. While substantive law deals with legal issues and disputes, procedural law deals with the legal
process itself.

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 CONCLUSION

47. To secure the ends of justice, the right must be upheld and the wrong must be made right.
The two branches of law, namely, substantive and procedural law endeavor towards to
accomplish the above-mentioned proposition. The Substantive law essentially deals with
explicitly describing the rights as well as the liabilities concerning not just the individuals
but as well as legal entities on whom the law is applicable to. The procedural law,
however, concerns itself with the procedures to be followed for the realization of the goals
provided by the substantive law. Irrespective of the functions that both the kind of law
aims to serve, it is imperative to note that both are not exclusively dependent of each other
and rather together forms the conscience of justice system.
48. Both substantive and procedural laws play an important role in administration of justice.
Substantive laws deal with the rights and obligations of the individual towards one another
and towards the state. These laws also deal with the objectives and subject matters of the
litigations. On the other hand, procedural laws supervise and direct the proceedings of the
litigation of any particular case. The substantive and procedural laws are complementary
to each other. While substantive laws explain the guiding rules and Laws as per law,
procedural law describes how the laws should be enforced. As rightly held by the Hon’ble
Supreme Court and confirmed in several of the cases, “A procedural law is
always subservient to the substantive law.”.

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 BIBLIOGRAPHY

BOOKS
1) Substantive law for Legal Profession
2) Mathew Dyson-Law and Legal Process

WEBSITES
1) https://www.lawinsider.in/columns/a-comparative-analysis-of-rule-of-law-in-india-usa-uk
2) https://blog.ipleaders.in/study-substantive-procedural-laws-offences-women

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