PRINCIPLES OF NATURAL JUSTICE

INTRODUCTION

The principle Rule of Natural Justice is derived from the Roman law word “Jus Natural”. It is a law of nature which is not derived from any statute or constitution. The principle of Natural Justice simply means to make a reasonable decision making procedure on a particular issue. Sometimes, it doesn’t matter what is the reasonable decision but in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. 

Natural justice consists of 3 rules.

The first one is “Hearing rule”which states that the person or party who is affected by the decision made by the panel of expert members should be given a fair opportunity to express his point of view to defend himself.

Second is the“Bias rule” which generally expresses that while giving the decision, the panel of expert should be biased free. The decision which was given by the court should be in a free and fair manner.

The third one is the “Reasoned Decision” which states that the decision which was given by the Presiding authorities should be valid and should be based on the reasonable ground.

Origin

The principle of natural justice is originated at an early age and it is a very old concept. According to the Bible, in the case of Eve and Adam, when they ate the fruit of knowledge they were forbidden by the god. Before giving the sentence, eve was given a fair chance to defend himself and the same process was followed in the case of Adam too. Later on, the concept of natural justice was accepted by the English jurist.

In India, the concept of Natural Justice was introduced at an early time. In the case of Mohinder Singh Gill vs. Chief Election Commissioner, the court held that the concept of fairness should be in every action whether it is judicial, quasi-judicial, administrative and or quasi-administrative work.

 

Purpose of the principle

  • No miscarriage of Justice.
  • To protect the Fundamental Rights.
  • Concept of Fairness.
  • Basic features of the Constitution.

The principles of natural justice should give the right to every citizen to be free from bias and each and every citizen should be given fair opportunity to be heard.

 Principles of Rule of natural justice

  1. No one should be a judge in his own matter.
  2. No one can be condemned unheard.
  3. The party is entitled to know each and every reason and the decision taken by the authority.

In the case of Board of high school vs. Ghanshyam, a student was caught while cheating in the examination hall and he was debarred due to the act. Supreme Court held that student cannot file a Public Interest Litigation against the examination board.

Rules of Natural Justice

  • NEMO JUDEX IN CAUSA SUA
  • AUDI ALTERAM PARTEM
  • REASONED DECISION

Nemo Judex in Causa Sua

It means that no one can be made a judge in his own case as it leads to the rule of biases. Biasness means the act which leads to any type of unfair activity whether the activity is in a conscious or unconscious stage in relation to the party or a particular case. Therefore, this rule is necessary so that the judge cannot take impartial decision or cannot give impartial judgment against any citizen.

 

Type of Bias

  1. Personal Bias.
  2. Pecuniary Bias.
  3. Subject matter Bias.
  4. Departmental Bias.
  5. Policy notion Bias.
  6. Bias on the account of obstinacy.

Audi Alteram Partem

It simply includes 3 Latin words which basically mean that no person can be condemned or punished by the court without having a fair opportunity of being heard.

In many jurisdictions, a bulk of case are left undecided without giving a fair opportunity of being heard.

The literal meaning of this rule is that both parties should be given a fair chance to present themselves with their relevant points and a fair trial should be conducted.

This is an important rule of natural justice and its pure form is not to penalize anyone without any valid and reasonable ground. Prior notice should be given to a person so he can prepare to know what all charges are framed against him. The components of fair hearing are not fixed or rigid in nature. It varies from case to case and authority to authority.

Exceptions

  1. During the Emergency period
  2. Public interest
  3. Express statutory provision
  4. Nature of the case is not of a serious kind
  5. If it doesn’t affect the status of the individual

Applicability

  1. Natural justice is applicable to some of the following points:-
  2. Court- except to ex-parte
  3. Tribunals
  4. Authority entrusted with discretion but subject to legal limitations

Reasoned Decision

Basically, it has 3 grounds on which it relies:-

  1. The aggrieved party has the chance to demonstrate before the appellate and revisional courts, that what was the reasons which make the authority to reject it.
  2. It is a satisfactory part of the party against whom the decision is made.
  3. The responsibility to record reasons works as obstacles against arbitrary action by the judicial power vested in the executive authority.

 

Conclusion

The judiciary had adopted the Principle of Natural Justice to protect the rights of the citizens of India against the arbitrary decision by the administrative authority. Every citizen can easily see the concept of fairness which includes in the concept of rule of natural justice. The principle of Natural Justice simply means to make a reasonable decision making procedure on a particular issue.

So at all the stages of the procedure if any authority is given off the judicial function is not purely accepted but the main motive of the principal is to prevent the miscarriage of justice. It is supreme to note that any decision or order which violates the natural justice will be declared as null and void in nature.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.