Secondary Functions of Courts of Law

Administration of justice is the primary function of the judiciary. However, the judiciary
performs certain other function too. The secondary functions of courts of law consist of
activities which, though primarily exercisable by the State, have for the sake of convenience
been delegated to the courts of law.

The secondary functions of the courts are rapidly increasing with the growth of civilization.
Under the English Law they have been classified by Salmond into four groups:

1. Petition of Right:
If a subject claims a debt or any other right against the State, or raises an action for breach
of a contract against the State, he can file a petition of right in a court of law.
The court will investigate the claim and pronounce judgment in accordance with law. But as
the courts form part of the State itself, no one can compel the State to act and the necessary
sanction or the element of coercive force cannot be exercised against the defendant.

2. Declaration of Right:
A litigant may require the assistance of a court of law not only for the enforcement of any
right but also for a declaration that such a right exists. He or She seeks the assistance of the
courts because his/her rights, though not violated, are uncertain. Examples of declaratory
proceedings are declaration of legitimacy, declaration of nullity of marriage, etc.

3. Administration:
A third form of secondary judicial action includes those cases where the court undertakes
the management and distribution of property by means of the administration of trust, liqui-
dation of a company by the court or realisation and distribution of an insolvent casual.
Courts may undertake the administration of property in cases where the ownership of
property in question is in dispute. Courts also assume responsibility for handling the affairs
of minor children or lunatics. Courts may be authorized to issue and cancel certain licenses.
Courts also may be authorized to grant citizenship to aliens.

4. Titles of Right:
Sometimes judicial decrees are employed as the means of creating, extinguishing or
transferring rights, e.g., a divorce decoct, a decoct ordering judicial separation, or an
adjudication of insolvency. In such cases the judgment does not operate as the remedy of a
wrong, but as the little of a right.

Other secondary functions of the courts

1. Appointment of judges
In India, the President of India nominates the judges of the Supreme Court and the High
Courts on the recommendations from the collegium of judges. This is a satisfactory mode
appointing the judges.

2. Supervisory Function:
Higher courts are often assigned the task of supervision over the lower courts. The Indian
High Conn responsible for the supervision of their respective state judicial systems.
3. Advisory Jurisdiction:
Fourthly, some national judiciaries possess advisory jurisdiction. For instance, the President
of India may seek the advice of the Supreme Court of India on any proposed legislation.
However, there is no such provision in the U.S.A. The Canadian Supreme Court is also
obliged under constitutional provisions to tender advice to the Governor General.