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Meaning of Justice

There are two principles of justice: 1) equal basic liberty for all people compatible with others' liberty, and 2) social and economic inequalities arranged to benefit the least advantaged members of society under conditions of fair equality of opportunity. Natural justice derives from Roman concepts and according to history, judges should decide cases without bias or personal gain based on prescribed procedures. Principles of natural justice include: no person can judge their own case, all parties must be heard before a decision, and decisions require reasoned explanations. Types of bias that can affect a fair hearing include personal, pecuniary, subject matter, and departmental bias.

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43 views

Meaning of Justice

There are two principles of justice: 1) equal basic liberty for all people compatible with others' liberty, and 2) social and economic inequalities arranged to benefit the least advantaged members of society under conditions of fair equality of opportunity. Natural justice derives from Roman concepts and according to history, judges should decide cases without bias or personal gain based on prescribed procedures. Principles of natural justice include: no person can judge their own case, all parties must be heard before a decision, and decisions require reasoned explanations. Types of bias that can affect a fair hearing include personal, pecuniary, subject matter, and departmental bias.

Uploaded by

Varsha
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Meaning of Justice

Two principles of Justice

First Principle- Each person has an equal right to the most extensive basic liberty compatible
with a similar liberty for others

Second Principle- Social and economic inequalities are to be arranged so that,

(a) They are to be of the greatest benefit to the least-advantaged members of society,
consistent with the just savings principle (the difference principle)
(b) Offices and position must be open to everyone under condition of fair equality of
opportunity

Meaning of Natural Justice


The Word Natural Justice is derived from the Roman concept ‘jus-naturale’ and ‘Lex-naturale’
(Greek)

History of Natural Justice


According to Brihaspati “A judge should decide cases without any consideration of personal gain
or any kind of personal bias; and his decision should be in accordance with the procedure
prescribed by the texts. A judge who performs his judicial duties in this manner achieves the
same spiritual merit as a person performing a yajna.”

According to the Bible, when Adam & Eve ate the fruit of knowledge, which was forbidden by
God, The latter did not pass sentence on Adam before he was called upon to defend himself.
Same was repeated in case of Eve.

Principles of Natural Justice


There are three basic principles of natural justice, namely,

 Nemo debet esse judex in propria causa or rule against bias means no man can be a judge
in his own case.
 Audi alteram partem: No one shall be condemned unheard or let the other side be heard
as well or both parties shall be heard before taking decision, popularly known as the rule
of fair hearing.
 Reasoned Decision or speaking order: There shall be proper reasons for every decision.
Personal Pecuniary
Types
of Bias

Subject Matter Departmental

Personal Bias
This bias arises when the deciding authority/judge is related to either of the parties to the
litigation. Such relation may be personal, fiduciary or professional and may be friendship or
hostility.

Pecuniary Bias
Deciding authority is disqualified on the ground of pecuniary bias, if it has even least amount of
financial interest in the subject matter of the litigation.

Subject Matter Bias


This bias arises, where the judge/deciding authority is interested in the subject matter of the
litigation. When the judge is having interest in the subject matter there arises conflict between his
duty and interest, under circumstance, it is difficult to believe that he acted impartially.
Accordingly, to save the confidence of people in adjudicatory process such proceedings need to
set be aside.

Departmental Bias
This bias arises where adjudicating authority is acting in extreme departmental influence or
circumstance in which he is acting are such that his independence and impartiality cannot be
assumed.

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