PRINCIPLES OF NATURAL JUSTICE

-Komal vaid

BACKGROUND (Natural Justice)




Principle of Natural Justice comes from the word ‘Jus Natural’ of the Justinian code and it’s closely associated with Common law and ethical principles however isn’t written. It’s a law of nature that isn’t derived from any statute or constitution. The principle of natural justice is adhered to by all the voters of civilised State with Supreme importance. within the ancient days of honest observe, at the time once industrial areas dominated with a harsh and rigid law to rent and fireplace, the Supreme court gave its command with the passage of period and institution of social, justice and economy statutory protection for the workmen.

 Natural justice merely means that justice is served and it must not only be served but should look like that’s its served. Sometimes, it doesn’t matter what’s the affordable call however within the finish, what matters is that the right procedure is followed and principles are properly followed. Basically, these Principles were introduced to protect the workmen from the harsh law but later these principles got universally accepted.

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CURRENT ISSUE (Natural Justice)

There are 3 rules of Principle of  Natural Justice as follows-

  • NemoJudex In CausaSua– One cannot be a judge in his own cause also known as the rule against bias
  • Audi AlteramPartem– Hear the other side/party or an opportunity for fair hearing must be given before passing any order
  • Reasoned Decision– Authorities should give reasons for their decisions.

In India, this concept 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.

The principles of Natural Justice was earlier confined to only judicial and quasi-judicial enquiries and did not extend to administrative actions. But with the decision in ManekaGandh’s case, [1]the scope of natural justice principle now extends even to purely administrative actions. The Supreme Court, in this case notes, “for the applicability of the doctrine of natural justice, there can be no distinction between quasi-judicial and an administrative function. If a rule of natural justice is calculated to secure justice, or to put it negatively, to prevent miscarriage of justice, it is difficult to see why it should not be applicable to an administrative function.”

The Supreme Court in A.K. Kraipak v. Union of India, observed that the principle expressed in the maxim nemo debit essejudex in propriasuacausa meaning ‘no man can be Judge in his own’ is one of the cardinal principle of law and natural justice.

QUESTION IN LAW

How the principles of natural justice are applicable in our current legal system?

The principles of natural justice are applicable in our legal system very efficiently and there are various articles of our Constitution which deals with these principles. For Example, Article 14 of Indian Constitution i.e Right to Equality which smacks at arbitrariness in administrative action and guarantees fairness and equality of treatment, Article 22 provides protection to the arrested persons from arrest and detention in certain cases which falls under the element of natural justice .

Principles of Natural Justice and our Constitution

Article 14 – Right to Equality

In Central Inland Water Transport Corpn. Ltd. v. BrojoNath[2], the Supreme court has held that service Rules empowering the Government Corporation to terminate services of permanent employees without giving reasons on three months’ notice or pay in lieu of notice period is violative of Article 14 being unconscionable, arbitrary, unreasonable and against public policy as it wholly ignores the audi alteram partem rule (i.e. hear the parties). The service rule confers an absolute, absolute, arbitrary and unguided power upon the corporation to terminate the services of its employees without giving any reasons. This decision will go a long way in protecting the lakhs of employees of public corporations working under a contract of service from arbitrary termination of their services without assigning any reasons.

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CONCLUSION

The principles of natural justice are adopted and followed by the judiciary to safeguard public rights against the discretional call by the executive authority. One will simply see that the rule of natural justice embrace the thought of truthfulness, they keep alive and support to safeguard the legal system.

The principle of natural justice isn’t confined to restricted walls and the principle however depends upon the characteristics of jurisdiction, grant to the executive authority and upon the character of rights affected of the individual. So, the Principles of Natural Justice are a legal concept which is adopted by almost all countries for the proper functioning of their legal system and from time to time if there is any violation of fundamental rights of citizens then Natural Justice always come into play and helps in


[1] Dr. N.V. Paranjape – Studies in Jurisprudence and legal theory

[2] Dr. J.N Pandey- Constitutional Law of India

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