December 30, 2023
symbolizing justice and order

The term “Jus Natural” in Roman law is the source of the principles of natural justice, which is not codified but is strongly tied to morality and common law. It is a natural law that is unrelated to any laws or constitutions. All citizens of a civilized state uphold the notion of natural justice as the most important thing.

To make a logical and reasonable decision regarding a specific matter is the essence of natural justice. Sometimes, the process and the people involved in reaching a reasonable choice are more important than the actual decision itself. Its hues and tones change depending on the situation and are not limited by the idea of “fairness.”

principles of natural justice: About

The rules that the courts have established as providing the bare minimum of protection for an individual’s rights against arbitrary actions taken by judicial, quasi-judicial, or administrative authorities when issuing orders that impact those rights are known as the principles of natural justice.

The Committee on Ministerial Power, often known as the Frank Committee, established the following natural justice standards.

  • An unheard man should never be condemned.
  • Nobody has the right to assess their own case.
  • A party has a right to be informed of the rationale behind the choices.
  • Supplying a copy of the required report.

principles of natural justice in indian constitution

The principles of natural justice in constitution of India are as follows:

The principle of “Nemo judex in causa sua”

  • “No one should be a judge in his own cause” is the essence of this philosophy. This idea is the cornerstone of just legal processes and a basic element of natural justice. It highlights how crucial it is for judicial or quasi-judicial decision-making to be unbiased and free of bias.
  • The goal of the principle is to avoid circumstances in which an individual is both a party to a dispute and its arbiter. A situation like this could jeopardize the decision’s impartiality and fairness. The idea applies to administrative and quasi-judicial processes in addition to conventional court contexts. It is a cornerstone of the rule of law and due process.

The principle of “Audi alterem partem”

  • “To listen to the other side” is the translation of the second natural justice principle. A fair hearing must adhere to this principle, and the prohibition against partiality would surely be included in the process.
  • The Audi alterem partem rule, which states that “qui aliquid statuerit parte inaudita alteram actquam licet dixerit, haud acquum facerit,” leads to the conclusion that justice should not only be completed, but also conspicuously completed. This means that whoever makes a decision without considering the opinions of both sides will not have stated what is right.
  • When it is suggested that you hear the other side out, listening ought not to be restricted to auditory perception or debased to mere decorum.

The principle of “Reasoned Decision”

In essence, it is based on three grounds:

  • The party who feels wronged has the opportunity to show the appellate and revisional courts why they have the right to reject it.
  • It is an acceptable portion of the party that the decision is made against.
  • Reasons must be recorded in order to prevent the executive authority’s judicial branch from acting arbitrarily.

principles of natural justice case laws

  • In the case of Maneka Gandhi v Union of India, the case emphasized the right to life and individual liberty while broadening the application of Article 21 of the Indian Constitution. According to the court, the legal process established under Article 21 must to be reasonable, fair, and just. The Indian judicial system’s natural justice tenets were upheld by this ruling.
  • In the case of Mohinder Singh Gill v Chief Election Commissioner, in the context of election disputes, the case upheld the audi alteram partem principle. The court stressed that even in administrative proceedings that are not quasi-judicial in character, the natural justice principles are applicable. It emphasized how crucial it is to give a fair hearing prior to taking unfavorable action.
  • In the case of State of Orissa v Dr. (Miss) Binapani Dei, the audi alteram partem doctrine in administrative actions pertaining to individuals was upheld by the case. The court ruled that administrative agencies that make decisions affecting people’s rights are likewise subject to the natural justice principles, in addition to quasi-judicial entities. One fundamental prerequisite for justice is the right to a fair trial.

However, natural justice does have some exceptions. When something is expressly or implicitly forbidden by law, natural justice standards do not apply. Likewise, in the event that legislation passed by Parliament is within its purview, no natural justice concept is applied. If there is no other person qualified or authorized by statute to decide on that subject, the decision made by the person entitled to adjudicate, even if he is ineligible due to bias, will not be reversed.

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