Substantive Law & Procedural Law

1. Substantive Law

• The law which defines rights and liabilities.

• It lays down a proper and precise substance of subject matter which is enforceable in the courts.

• Substantive law defines the legal rights and relationship of people between themselves or between them and the State. 

• These are examples of Substantive Law :

1. Drive not more than fifty-five miles per hour where that speed limit is posted.

2. Do not drive your motor vehicle through an intersection while a red traffic signal faces the direction you are coming from.

3. Do not discriminate against job applicants or employees based on their race, sex, religion or national origin.

4. Do not discharge certain pollutants into the river without first getting a discharge permit.

2. Procedural Law

• Procedural laws are the rules of courts and administrative agencies.

• They tell us how to proceed if there is a substantive-law problem.

• The law of procedure is that branch of law that deals with the process of litigation.

• It embodies the rules and procedures pertaining to the institution and prosecution of any kind of civil or criminal proceeding.

• Procedural law consists of a set of rules by which a court hears cases and decides the proceedings.

• Historically, the law that many know is substantive law, and procedural law has always been a matter of concern only to those who preside over as judicial officers or those advocating law.

• But, over a period, the courts developed a system of evidence and procedure, that fall within the purview of procedural law relating to the fairness and transparency of such process.