Law of Procedure &

Substantive Law
HINA GUL ROY
LL.B (LONDON), LL.M (MANCHESTER)
 Categories of Law
1. Substantive laws
2. Procedural laws

Case Law:
 Commissioner of Wealth Tax, Meerut v. Sharvan Kumar Swarup and Sons (1994)
 Thirumalai Chemicals Ltd. v. Union of India and others (2011)
 Juristic views
Jeremy Bentham, stated that in jurisprudence, both the procedural and substantive laws should co-
exist i.e. both cannot exist without the help of the other.
Thomas Holland defined ‘Substantive Law’ as the laws which specify the way the laws will aid to
protect rights. Whereas, Procedural laws are the laws which provide the methods of aiding and
protecting the rights.
Salmond believed that the ‘exact nature of distinction’ of the laws cannot be stated with precision.
Procedural laws govern the processes of litigation and are the laws of ‘actions’ and the remaining
laws are substantive law. He further explained that substantive laws are concerned with the results
sought by the administration of justice whereas procedural laws deal with the methods and
instruments to attain these results.
Charles Frederic Chamberlayne, mentioned in his book that the distinction between the laws is
‘artificial and illusory’.
Professor Cook termed the distinctions between the laws as an ‘alleged distinction’. He was of the
opinion that apart from ‘substance’ and ‘procedure’, there exists a grey area.
 Element of Judicial Procedure
The following are the different stages of judicial procedure:
 Summon
 Pleadings
 Proof
 Judgment
 Execution