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PNJ Module 1 June

This document provides an overview of a certificate course on the principles of natural justice. It outlines the objectives of the course which are to understand the theories of natural law and their practical application. The course will cover the basic principles of natural law in the Indian context, exceptions, and practical applications. It will be divided into 4 modules delivered between June 1-16. Students must complete all modules and assignments by June 30th to receive a certificate. Top performers may receive opportunities to publish their work or internships. The first module introduces the key principles of natural justice including nemo debet esse judex in propria causa (no man can be a judge in his own case) and audi alteram partem (hear

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Rahul kumar
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© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
34 views

PNJ Module 1 June

This document provides an overview of a certificate course on the principles of natural justice. It outlines the objectives of the course which are to understand the theories of natural law and their practical application. The course will cover the basic principles of natural law in the Indian context, exceptions, and practical applications. It will be divided into 4 modules delivered between June 1-16. Students must complete all modules and assignments by June 30th to receive a certificate. Top performers may receive opportunities to publish their work or internships. The first module introduces the key principles of natural justice including nemo debet esse judex in propria causa (no man can be a judge in his own case) and audi alteram partem (hear

Uploaded by

Rahul kumar
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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CERTIFICATE COURSE ON PRINCIPLES OF NATURAL

JUSTICE
Objectives of the Course
The Laws pertaining to the concept of Natural Justice have always held a latent significance as
compared to various other laws. Almost every other nation has witnessed disputes on the validity
and invalidity of these laws due to the complexities involved as to the absence of any legal
sanctions to them, and the same goes for India. Thus, it is highly significant to understand
whether the theories of Natural Law are practically valid or invalid. The present Course shall
deal about the Principles of Natural Law at the basic level, as provided under the Indian Context.
You shall learn about the theories under the same and their importance. The course shall also
include the exceptions to those principles and practical application in day to day lives. You shall
be easily able to figure out their real importance in providing justice to mankind.

Course Completion

You shall receive a Certificate upon successful completion. It is pertinent to note that Certificates
shall only be sent when you successfully complete the Course – i.e. Study all Modules and
Submit the completed Assignments. The Submissions shall be made on or before the last date.

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No submission shall be considered after that. We shall send the Certificates by 14th July
to everyone i.e. within 14 days of the Course Completion.

The TOP PERFORMERS will get an opportunity either to publish their task content on our
Website or Letter of Recommendation or Merit Certificate Free Publication in our Journal or
Internship Opportunity to work with us at a very vital position or Opportunity to design the
Courses for hundreds of candidates.

Course Outline and Schedule

The Course has been designed in such a way that even a layman is able to comprehend the
contents of the Course. The table mentioned below contains the Content of the Course divided
into 4 Modules along with the dates they shall reach you, to provide a comprehensive
understanding :-

Module Module Date


no.
1. Concept of Natural Justice and 1st June
Doctrine of Impartiality
2. Audi- Alteram Partem 6th June
3. Exceptions to the doctrines 12th June
4. Conclusion 16th June

5. Assignment 18th June


6. Assignment Submission Last Date 30th June
We would now take this opportunity to begin the Course with Module 1 of the Course. All the
very best from our side. Take the Course seriously and study very well. Do the assignments on
time. Let us begin.

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Module 1 : Concept of Natural Justice and
The Doctrine of Impartiality

1. INTRODUCTION

The history of liberty has largely been the history of the observance of procedural safeguards.

Justice Frankfurter of U.S. Supreme Court

 Natural Justice is regarded as an effective procedural safeguard against an undue exercise


of power by an administrator. The main element of Natural Justice is the right of being
heard (Audi Alterampartem).
 It is true that the concept of Natural Justice is not very clear and, therefore, it is not
possible to define it; yet the principles of natural justice are accepted and enforced.

Natural justice is a branch of public law. It is a formidable weapon which can be wielded to
secure justice to citizens.

 The term ‘Natural Justice’ expresses the close relationship between the common law and
the moral principles and describes what is right and what is wrong.
 The concept has gained significance and shades with time. When the historic document
was made at Runnymede in 1215, the first statutory recognition of this principle found its
way into the ―Magna Carta. In the celebrated case of Cooper v. Wandsworth Board of
Works [(1863) 143 ER 414], the principle was thus stated:-

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Even God did not pass a sentence upon Adam, before he was called upon to make his defence.
“Adam” says God, “where art thou? Hast thou not eaten of the tree whereof I commanded thee
that thou should est not eat

 The aim of the rules of natural justice is to secure justice or to put it negatively to prevent
miscarriage of justice. These rules can operate only in areas not covered by any law
validly made. In other words they do not supplant the law of the land but supplement it

The traditional English law recognises the following principles of natural justice:

Nemo Debet esse judex in propia


causa
• No man can be a judge in his own cause

Audi Alteram Partem

• Let the other side be heard


1. Nemo debet esse judex in propria causa: No man shall be a judge in his own cause, or
no man can act as both at the one and the same time - a party or a suitor and also a judge,
or the deciding authority must be impartial and without bias; and

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2. Audi Alteram partem: Hear the other side, or both the sides must be heard, or no man
should be condemned unheard, or both that there must be fairness on the part of the
deciding authority.

2. NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA


 Nemo judex in causa sua (or nemo judex in sua causa) is a Latin phrase that means,
literally, "no-one should be a judge in his own case."
 It is a principle of natural justice that no person can judge a case in which they have an
interest. The rule is very strictly applied to any appearance of a possible bias, even if
there is actually none:

"Justice must not only be done, but must be seen to be done".

 It is also called as the ‘doctrine of bias’ as the judge may have a prejudice in the case. It
has been pithily put by Sir Edward Coke, namely, Vacate, Interrogate and Judicate, i.e.,
call, question, and adjudicate. However, this concept has undergone lot of changes in
recent times, but fundamental still stands the same.
 Justice Gajendragadkar, as then he was, observed in a case reported in AIR 1965 SC
1061, M/s Builders Supply Corporation v. The Union of India and others, “it is
obvious that pecuniary interest, howsoever small it may be, in a subject matter of the
proceedings, would wholly disqualify a member from acting as a judge".
 Lord Hardwick observed in one of the cases, “In a matter of so tender a nature, even the
appearance of evil is to be avoided." Yet it has been laid down as principle of law that
pecuniary interest would disqualify a Judge to decide the matter even though it is not
proved that the decision was in any way affected.

This is thus a matter of faith, which a common man must have, in the deciding authority.

 Imagine, if one sits in his own case as a judge and decides the case, the justice delivery
system will never be free from criticism. So it is imperative that no one shall be a judge

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in a case where s/he is either directly or indirectly a party.
 The principle is applicable in such cases also where the deciding authority has some
personal Interest in the matter other than pecuniary Interest. This may be in the shape of
some personal relationship with one of the parties or ill will against any of them.
 In one of the cases order of punishment was held to be vitiated, as the officer who was in
the position of a complainant/accuser/witness, could not act as an enquiry officer or
punishing authority. There may be a possibility, consciously or unconsciously to uphold
as Enquiry Officer what he alleges against the delinquent officer. (State of U.P vs
Mohammad Nooh, AIR 1958 SC 86).
 In one of the selections, which was held for the post of Chief Conservator of Forest, one
of the members of the Board was himself a candidate for the post. The whole process of
selection was held to be vitiated as the member would be a judge in his own cause. (1970
SLR 134 (Mysore) V.N.Nadgir v. Union of India.)
 In the case of A.K.Kraipak v. Union of India, AIR 1970 SC 150, a precaution was
taken by a member of the selection Board to withdraw himself from the selection
proceedings at the time his name was considered. This precaution taken could not cure
the defect of being a judge in his own cause since he had participated m the deliberations
when the names of his rival candidates were being considered for selection on merit.

 The position, however, may be different when merely official capacity is involved in
taking a decision in any matter as distinguished from having a personal Interest.

 There are certain statutes which provide that named officers may resolve the controversy,
if any, arising between the organisation and the other persons, e.g., in the matters relating
to nationalisation of routes, Government officers or authorities were vested with the
power to dispose of the objections.

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 In such matters as above, it has been held by the Hon'ble Supreme Court that proceeding
will not vitiate as It was only In official capacity that the officer was Involved and It
would not be correct to say that he was a judge In his own cause being an officer of the
Government.

Exception to this rule-

1) Exclusion in case of emergency.

2) Where discloser could be prejudicial to public interest

3) When prompt action is needed.

4) Where no right of person is infringed.

5) Exclusion on the ground of no fault decision maker.

3. AUDI ALTERAM PARTEM


 The requirement of Audi Alteram partem maxim is that the person concerned must be
given an opportunity of being heard before any adverse action is taken against him.

Yes, you read this right. No one can be denied unheard.

 Just assume, you’re crossing road and he get hit by some transport. What will you do?
Beat him? Complain about him? Now even once you’ve filed the complaint against the
driver, the plaintiff cannot get the defendant punished directly. Why? Because he has not
been heard. And we know that according to the maxim of Audi alterram partem, the
driver can’t get punished directly.

One could remember the case of Ajmal Aamir Kasab, what happened there?

 AjmalAamirKasab, was found guilty in prima facia, still he got chance to present himself
before the court. This is the main core concept behind Natural Justice, specifically Audi
AlteramPartem.

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So, this was the whole concept behind Natural Justice. Natural Justice mainly talks about the two
of the above mentioned Maxims.

The second maxim as to Audi AlteramPartem shall be discussed in detail in the subsequent
module.

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