PRINCIPLES OF NATURAL JUSTICE

Natural Justice is derived from the Roman law term “Jus Natural,” and it is closely tied to common law and moral principles, but it is not codified. It is a natural law that is unrelated to any statute or constitution. Natural justice is a value that is held in high regard by all people of civilised states. The Supreme Court provided its command with the passage of time and the formation of social, justice, and economic statutory protection for workers in the ancient days of fair practise, when industrial areas were regulated by a severe and rigorous law to hire and dismiss.

Natural justice simply refers to following a rational and logical decision-making process while dealing with a certain issue. It doesn’t always matter what is the most reasonable option; what counts is the technique and who is involved in making the most reasonable decision. It is not constrained by the concept of “fairness,” and it comes in a variety of colours and tints that change depending on the situation.

Natural justice consists of 3 rules:

  1. The first is the “Hearing Rule,” which provides that anybody who is affected by a panel of expert members’ decision should be given a fair chance to express his or her point of view and defend oneself.
  2. Second, the “Prejudice rule” states that when making a decision, a panel of experts should be free of bias. The choice should be made in a free and fair manner, in accordance with natural justice principles.
  3. Finally, a “Reasoned Decision” is a court order, decision, or judgement issued by the Presiding Authorities on a valid and reasonable basis.

PURPOSE OF THE PRINCIPLE

  • To provide equal opportunity of being heard.
  • Concept of Fairness.
  • To fulfil the gaps and loopholes of the law.
  • To protect the Fundamental Rights.
  • Basic features of the Constitution.
  • No miscarriage of Justice.

The principles of natural justice should be free of bias, and parties should be given a fair opportunity to be heard. The court should also inform the parties of all the grounds for its decisions.

The goal of judicial and administrative bodies, according to the Supreme Court, is to arrive at a reasonable and justifiable judgement. Natural justice’s major goal is to avoid miscarriages of justice from occurring.

A committee i.e., “Ministers Power” gave 3 essentials procedure related to the principles of natural justice.

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

WHEN CAN IT BE CLAIMED?

Natural justice can be asserted when functioning in a judicial or quasi-judicial capacity, such as in panchayats and tribunals. It covers the concept of fairness, basic moral principles, and many types of biases, as well as why natural justice is necessary and what unique scenarios or situations are covered when natural justice principles are not relevant.

In the case of the Province of Bombay vs. Khushaldas Advani, it was said that natural justice will be applicable on statutory as it is a basic principle of Natural justice which leads to fairness and justice.

RULES OF NATURAL JUSTICE

  1. Nemo Judex In Causa Sua

“No one should be a judge in his own case” because it leads to rule of biases. Bias means an act which leads to unfair activity whether in a conscious or unconscious stage in relation to the party or a particular case. Therefore, the necessity of this rule is to make the judge impartial and given judgement on the basis of evidence recorded as per the case.

2. Audi Alteram Partem

It consists of three Latin words that effectively signify that no one can be sentenced or punished by a court without having a fair chance to be heard.

In many countries, the majority of matters are left unresolved without being given a fair chance to be heard. The precise meaning of this rule is that both parties should be given an equal opportunity to submit their respective arguments, and a fair trial should be performed.

This is a fundamental law of natural justice, and it states that no one should be punished without a valid and acceptable reason. A person should be given advance warning so that he can prepare for the charges levelled against him. It’s also known as a fair hearing rule. The components of a fair hearing are not rigid or fixed. It differs from one situation to the next and from one authority to the next.

3. Reasoned Decision

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

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

REFERENCES

  1. Principles of Natural Justice, Legal Pathshala, https://legalpaathshala.com/principles-of-natural-justice/
  2. Nature and Scope of Natural Justice, Advocatespedia, https://advocatespedia.com/Nature_and_Scope_of_Natural_Justice

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.

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