Role of Equity in the Contemporary Judicial System of India | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• In response to the inadequacies of common law in addressing issues like mortgages, leases, contracts, accidents, and trusts, equity emerged in England.
• In the context of Indian law, the doctrine of equity has been assimilated and proves valuable in contemporary justice administration.
• Considered an integral aspect of Jurisprudence, equity is a complex field that supplements deficient laws by morally adjusting and amending legal rigidity.
• It acts as a safeguard, protecting common law from manipulative breaches of justice and meeting the evolving societal demands.
• Equity originated in Britain within the 'Court of Chancery' and serves as a moral sense that adjusts and improves the strict boundaries of law.
• While there is no singular definition of equity, numerous legal scholars have referenced its significance in their works.
• In India, although there hasn't been a dedicated focus on equity, it plays a crucial role in the evolution of law within the Indian legal system.
• This essay delves into the historical background and progression of equity, exploring its values and current implications within the Indian legal framework.
• It aims to identify potential reasons for the limitations of existing laws in instigating societal changes.
• The essay thoroughly examines the origins, historical evolution, applicability, and relevance of equity within the Indian legal system.
• Furthermore, it discusses recent developments and proceedings related to equity.
• By tracing the evolution of equity, it underscores the principle that legal reforms aligned with societal values can only succeed if supported by socio-economic and cultural conditions.

Equity

• Equity is linked to fairness and justice, aiming to achieve the true purpose of justice by addressing legal shortcomings and ensuring justice in society.
• It serves as a complementary legal jurisdiction that rectifies legal defects, inadequacies, and lacunae to uphold justice.
• Equity can be interpreted in different ways, such as morality, honesty, as a principle of natural justice, or a well-structured set of rules that complement fixed legal norms.
• It can also be seen as a concept that goes beyond existing laws to deliver justice in unique cases that may not fit conventional legal frameworks.

Understanding Equity

• Equity is a multifaceted concept, rooted in notions of fairness and justice that stem from our innate moral compass.
• Defining equity as a distinct legal system separate from law has posed challenges, with jurists offering various interpretations.

Historical Background

England

• The Norman conquest of England in the 11th-12th centuries saw the coexistence of three primary courts:
• Court of king's bench

Equity in Law

• The original holy texts of religions, if found to be unreasonable and contrary to judicial reasoning, render the original version of faith ineffective. In Mohammedan Law, equity holds a significant place.
• Abu Hanifi, the founder of the Sunni branch, emphasized interpreting the rule of law liberally based on time and circumstances.
• The Supreme Court of Judicature established by the Regulating Act 1773 included a court of equity, incorporating the concept of 'justice and good conscience' under section 17.
• After the abolition of the Supreme Court Judicature at the Presidency, High Courts were established, with equity jurisdiction granted through clause 19 of the Letters Patent.
• Equity is also recognized in various enactments such as the Specific Relief Act 1877, Indian Trust Act 1882, Indian Contract Act 1872, Transfer of Property Act 1882, and Indian Succession Act 1925.
• India did not have a separate court of equity like England.

The Scope of Equity

• Equity intervenes to correct injustices, but not every injustice is subject to equitable intervention.
• Equity operates based on individual conscience and comes into play where there is no express statutory provision.
• Exceptions exist, such as in conflicts between custom and equity where equity prevails.

Subject Matter of Equity

• Equity, according to Snell, addresses injustices but does not guarantee intervention in every case.
• Equity's jurisdiction is broad and tied to individual conscience.

Justice and Good Conscience

• Meaning in England: In England, Justice and Good Conscience represent a rule of common law and equity.
• Application in India: In India, it serves as guidance rather than being binding. Equity is not enforceable in India due to its uncertain nature and lack of universal applicability in terms of merit.
• Interpretation in Indian Courts: Indian courts may provide a new interpretation of equity principles from England in exceptional cases. This occurs when the interpretation aligns with Indian social conditions and does not contradict any Indian statutes.

Division of Equity Jurisdiction

• Exclusive Jurisdiction ('Creation of New Rights'): This category applies when there are no recognized rights or remedies under common law. The court, guided by good conscience, grants rights and solutions that are necessary but not provided by general law.
• Example: Trust - Public law does not acknowledge the concept of trust ownership. Under equity, the beneficiary, not the trustee, is considered the true owner of trust property.
• Concurrent Jurisdiction ('Creation of New Remedy'): In cases where both general law courts and equity courts can offer relief, the choice of seeking redress lies with the litigant.
• Explanation: This jurisdiction is invoked when general law grants rights, but the remedies offered are inadequate.

Equitable Remedies in Legal Context:

• Instances where general law grants a right but lacks adequate remedy fall under this category.
• For example, in a breach of contract scenario, while the general law typically offers damages as a remedy, equity may provide specific performance as an additional option.

Direct vs. Indirect Relief:

• Relief in legal cases can be either provided indirectly under general law or directly through equity.
• In cases like breach of contract, specific performance, a direct remedy, is only granted by equity courts when remedies from general courts are deemed insufficient.

Case Study - Colls Vs. Home and Colonial Store Ltd. 1904:

• The petitioner brought the case due to obstruction of light by the defendant.
• Although the right to light was acknowledged legally, it was typically enforced as an equitable remedy.
• While common law required obstruction to cause nuisance, equity provided relief directly, bypassing the nuisance requirement.
• An appeal later overturned the equity court's decision, emphasizing the necessity of nuisance for legal remedies.

Auxiliary Jurisdiction - 'Creation of New Procedure':

• This concept involves creating new procedures where both rights and remedies adhere to legal principles.
• It aids general law courts in rectifying legal procedural flaws.
• For instance, in cases lacking provisions to prove breach of contract, equity allows for the discovery of relevant documents to assist legal proceedings.

London Corp. Vs. Levy (1809) highlighted that auxiliary jurisdiction requires a legal proceeding or its imminent initiation under general law for its exercise.
It is divided into two categories:

• Where the subject matter of the suit is property
• Where a court of equity has cleared the way for proceeding, whether contemporaneous or subsequent, and whether in its own or another jurisdiction.

This classification was critiqued by Maitland for the following reasons:

• It assumes a logical system where equity is not a subject easily classified.
• It is not practical as courts are no longer strictly divided into law and equity categories post the Judicature Act.

Recent Judgements in India Governed by Equity

• In the case of Navtej Singh Johar v. Union of India, 2018:
  • The court, applying equity principles, granted legal recognition to the LGBTQ community by amending Section 377 of the Indian Penal Code, 1860. The Supreme Court ruled consensual adult sexual acts as legal, emphasizing the maxim, "Equity looks to the intent, rather than to the form."
• In the case of Shayara Bano v. Union of India, 2017:
  • The apex court applied equity, natural justice, and good conscience principles, declaring Triple Talaq unconstitutional in Muslim law. This decision led to the enactment of The Muslim Women (Protection of Rights on Marriage) Act, 2019, due to judicial activism.
• Amendments to the Juvenile Justice (Care and Protection of Children) Act, 2000 in 2015, following the Nirbhaya Gang Rape case:
  • The Supreme Court convicted a minor involved in the case for rape and murder, in line with the principle of equity, sentencing him to three years' imprisonment.

Supreme Court Judgment on Ram Janam Bhumi and Babri Masjid Land Dispute (2019)

• The court applied the principle of equity in this recent judgment.
• Decision based on the maxim "equity will not suffer wrong to be without a remedy," essential for the rule of law.
• Objective: Ensure no wrong goes unaddressed, if courts can provide a remedy.

Conclusion

• Equity serves as a complementary jurisdiction to rectify legal defects and address the absence of legislation for societal justice.
• In India's diverse culture, equity aims to uphold justice for all communities.
• Methods of implementing equity: separate courts or extending existing courts' jurisdiction.
• Judiciary in India actively pursues equity, natural justice, and good conscience despite the lack of explicit legal provisions.
• Equity jurisdiction varies based on societal needs and the availability of effective remedies.
• "The Law of State" encompasses equity principles, giving it equal standing alongside statutory laws.
• Difference between law and equity: Law refers to statutes and precedents, while equity includes practices and rules based on societal needs and justice requirements.