INHERENT POWER OF

THE COURTS
BY – SATWANT SINGH
INTRODUCTION

 Meaning of ‘inherent’ is existing in something as a permanent, absolute, inseparable,

essential or characteristic attribute. Inherent powers of courts are those powers which
may be applied by the court to perform full and complete justice between the parties
before it. It is the duty of the Courts to serve justice in every case, whether given in this
code or not, brings with it the important power to do justice in the absence of a definite
or separate provision. This power is said to be the inherent power that is maintained by
the court, though not conferred. Section 151 of the Civil Procedure Code deals with the
inherent powers of the court
Provisions of Section 148 to 153B of CPC

 The law relating to inherent powers of Court is mentioned in Section 148 to Section 153A of the Civil
Procedure Code, which deals with the exercise of powers in different situations. Following are the
provisions of Inherent powers of Courts:
 Section 148 and Section 149 deals with grant or enlargement of time;
 Section 150 deals with the transfer of business;
 Section 151 protects the inherent powers of the courts; and
 Section 152, 153 and Section 153A deals with amendments in judgments, decrees or orders or in
separate proceedings.
SECTION – 151OF CPC

 Section 151 deals with “Saving of inherent powers of Court.” This Section states that ‘Nothing in CPC
shall be considered to restrict or otherwise affect the inherent power of the Court to make such orders
as may be important for the ends of justice or to limit abuse of the method of the Court.’ It is not
obligatory for the court to wait for the law made by parliament or order from the higher judiciary. Court
has discretionary or inherent power to make such order which is not given in terms of laws for the
security of justice or to check misuse of the method of the Court.
The scope of exercising of Section 151 of CPC can be
represented by some cases as follows:

 The court may recheck its orders and resolve errors

 Issuance of provisional sanctions when the case is not included by order 39 or to place alongside an
‘ex parte’ order
 Illegal orders or orders passed without jurisdiction can be set-aside
 Subsequent events in the case can be taken into consideration by the court
 Power of Court to continue trial ‘in camera’ or prevent disclosure of its proceedings
 The court can erase remarks made against a Judge; and
 The court can improve the suit and re-hear on merit or re-examine its order .
ABUSE OF PROCESS OF THE COURT

Section 151 of the CPC provides for the exercise of inherent powers to check the infringement of the
process of the court. Abuse of the powers of the court which happens in unfairness to party needs to get
relief on the ground that the act of a court shall not prejudice anyone . When a party practices fraud on the
court or on a party to a proceeding , the remedies have to be provided on the basis of inherent power.
The word ‘abuse’ is said to occur when a Court uses a method in doing something that it is never expected
to do is the perpetrator of the said abuse and there is a failure of justice. The injustice so done to the party
must be given relief on the basis of the doctrine of actus curiae neminem gravabit (an act of the court shall
prejudice no one). A party to a case will become the perpetrator of the abuse in cases when the said party
does acts like obtaining benefits by functioning fraud on the Court or a party to the proceedings, prompting
the multiplicity of proceedings, etc.
The exercise of inherent powers carries with it certain barriers such as:

 They can be applied only in the deficiency of particular provisions in the Code;
 They cannot be applied in dispute with what has been expressly given in the code;
 They can be applied in rare or exceptional cases;
 While operating the powers, the court has to follow the method shown by the legislature;
 Courts can neither exercise jurisdiction nor entrust in them by law;
 To abide by the principle of Res Judicata i.e., not to open the issues which have already been decided finally;
 To pick a mediator to make an award afresh;
 Substantive rights of the parties shall not be taken away;
 To limit a party from taking proceedings in a court of law; and
 To set apart an order which was valid at the moment of its issuance.
CONCLUSION

To counter the situations of abuse of the process of the court, certain inherent powers have been recognized
to be vested with the courts. This is to meet the ends of justice and equity in cases where provisions of
law are not explicit or applicable. Such powers have also been granted to the court to assist in obtaining the
motive of avoiding the abuse of the process of the court as it one of the most substantial duties of the court.
Though, this power of the court is not unduly far-reaching and unrestricted. S.151 which gives legislative
recognition to inherent powers is restricted by certain construction the section where the court cannot
exercise its powers when provision for any action or matter is explicitly prohibited by the Code or any other
statute; or where there exists a provision of the Code applicable to the matter at hand. Through an analysis
of the various case laws it has been established that inherent powers must be exercised only for the ends of
justice or to prevent abuse of the process of court as long as it is not in contravention of any other existing
law or provision.
Under the Indian judiciary, a codified statute such as the Code of Civil Procedure aims at making the
judicial process uniform and unbiased. Working in this view the legislative process takes due cognizance of
the fact that not all situations can be pre-empted and it holds good for even for their procedures to be
followed. S.151 is in essence validates this fact by recognsing the courts
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