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Principles of Natural Justice

The principles of natural justice are common law concepts that require fairness in decision making by judicial, quasi-judicial, and administrative bodies. The two main principles are nemo judex in causa sua, which means no one should be the judge in their own case, and audi alteram partem, which requires hearing the other party. These principles apply to administrative proceedings and help prevent miscarriages of justice by ensuring impartiality and the right to a fair hearing.

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565 views

Principles of Natural Justice

The principles of natural justice are common law concepts that require fairness in decision making by judicial, quasi-judicial, and administrative bodies. The two main principles are nemo judex in causa sua, which means no one should be the judge in their own case, and audi alteram partem, which requires hearing the other party. These principles apply to administrative proceedings and help prevent miscarriages of justice by ensuring impartiality and the right to a fair hearing.

Uploaded by

parthesh
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PRINCIPLES OF NATURAL JUSTICE

Natural justice is a concept of common law and represents higher


procedural principles developed by the courts, which every judicial, quasijudicial and administrative agency must follow while taking any decision
adversely affecting the rights of a private individual.
Natural justice implies fairness, equity and equality.
In a welfare state like India, the concept of Rule of Law would loose its
validity if the instrumentalities of the State are not charged with the duty
of discharging these functions in a fair and just manner.
In India, the principles of natural justice are firmly grounded in Article 14 &
21 of the Constitution. With the introduction of concept of substantive and
procedural due process in Article 21, all that fairness which is included in
the principles of natural justice can be read into Art. 21. The violation of
principles of natural justice results in arbitrariness; therefore, violation of
natural justice is a violation of Equality clause of Art. 14.
The principle of natural justice encompasses following two rules:
1. Nemo judex in causa sua -No one should be made a judge in his own
cause or the rule against bias.
2. Audi alteram partem -Hear the other party or the rule of fair hearing or
the rule that no one should be condemned unheard.
RULE AGAINST BIAS (NEMO JUDEX CAUSA SUA)
Bias means an operative prejudice, whether conscious or unconscious in
relation to a party or issue. The rule against bias flows from following two
principles:
a) No one should be a judge in his own cause
b) Justice should not only be done but manifestly and undoubtedly be
seen to be done.
Thus a judge should not only be impartial but should be in a position to
apply his mind objectively to the dispute before him.
The rule against bias thus has two main aspects:
1. The authority exercising adjudicatory powers must not have any
personal or proprietary interest in the outcome of the proceedings.

2. There must be real likelihood of bias. Real likelihood of bias is a


subjective term, which means either actual bias or a reasonable suspicion
of bias. It is difficult to prove the state of mind of a person. Therefore,
what the courts see is whether there is reasonable ground for believing
that the deciding factor was likely to have been biased.
Bias can take many forms:
2. The principles
proceedings,

of

natural

justice

also

apply

to

administrative

3. The concept of natural justice is to prevent miscarriage of justice and it


entails (i) No one shall be a judge of his own cause.
(ii) No decision shall be given against a party without affording him a
reasonable hearing.
(iii) The quasi-judicial enquiries should be held in good faith and not
arbitrarily or unreasonably.
AUDI ALTERAM PARTEM OR RULE OF FAIR HEARING
The principle of audi alteram partem is the basic concept of principle of
natural justice.
The expression audi alteram partem implies that a person must be given
opportunity to defend himself. This principle is sine qua non of every
civilized society.
This rule covers various stages through which administrative adjudication
passes starting from notice to final determination. Right to fair hearing
thus includes:
1. Right to notice
2. Right to present case and evidence
3. Right to rebut adverse evidence
(i) Right to cross examination
(ii) Right to legal representation
4. Disclosure of evidence to party
5. Report of enquiry to be shown to the other party
6. Reasoned decisions or speaking orders

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