Pastoral or Pre-Judicial Investigation: A Canonical Provision for the Lay Participation in the Synodal Church

Abstract

The article analyses the scope of walking together by the inclusion of the lay persons in the pastoral and judicial ministries. In 2015, Pope Francis reformed the procedural law related to the matrimonial nullity by means of two Motu proprio, Mitis Iudex Dominus Iesus for the Latin Church and Mitis et misericors Iesus for the Oriental Churches. One of the provisions of the reformed laws was the introduction of a pastoral or pre-judicial investigation given as a pastoral follow-up for those who live in irregular marriage unions. In deserving cases, it may be taken as a pre-trial step to approach the tribunal for declaration of the nullity of marriage. As per the new norm lay persons are also competent be admitted to head this mission whereby, they become part of the judicial proceedings indirectly. Unfortunately, the scope of this provision has not yet been properly explored. Therefore, this article exposes the possibility and different nuances of giving space for the lay experts in this mission. It also presents an Indian model of the project.