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Principles of Natural Justice

The document discusses several key principles of natural justice: 1) Nemo debet esse judex in propria causa - No one should be a judge in their own case, to prevent bias. 2) Audi alteram partem - The right to a fair hearing, including notice and the right to be heard. 3) Speaking/reasoned decisions - Orders should contain reasons to support the decision and allow challenges.

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shrushti792
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17 views

Principles of Natural Justice

The document discusses several key principles of natural justice: 1) Nemo debet esse judex in propria causa - No one should be a judge in their own case, to prevent bias. 2) Audi alteram partem - The right to a fair hearing, including notice and the right to be heard. 3) Speaking/reasoned decisions - Orders should contain reasons to support the decision and allow challenges.

Uploaded by

shrushti792
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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ADMINISTRATIVE LAW

PRINCIPLES OF NATURAL
JUSTICE
1
 able Of
T
MEANING

Contents
2 ORIGIN

3 NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA

4 AUDI ALTERAM PARTEM

5 REASONED DECISIONS/SPEAKING ORDERS


MEANING
Principle of Natural Justice is derived from the word ‘Jus
Natural’ of the Roman law and it is closely related to Common
law and moral principles but is not codified.
It is a law of nature which is not derived from any statute or
constitution.
Principles of Natural Justice are values inherent to man since
ages.
The principle of natural justice is adhered to by all the citizens
of a civilized State with Supreme importance.
These Principles of Natural Justice are based upon the values
of Justice, Equity, Good Conscience , Fairness and
Reasonableness.
ORIGIN
The principle of natural justice is a very old concept and it originated at an early age. The people of Greek
and roman were also familiar with this concept. In the days of Kautilya, Arthashastra and Adam were
acknowledged the concept of natural justice. Later on, the concept of natural justice was accepted by the
English jurists who planned the principles of natural justice, natural law and equity.
“Natural justice is a sense of what is wrong and what is right.”
Absence of Bias, Interest
or Prejudice
Nemo debet esse judex in propria causa or Rule against bias
(No man shall be a judge in his own cause)

Rule against bias or bias of interest- the term bias means anything which tends to or may be
regarded as tending to cause such a person to decide a case otherwise than on evidence
must be held to be biased. In simple words, bias means deciding a case otherwise than on
the principles of evidence.

This principle is based on the following rules


1. No one should be a judge in his own cause.
2. Justice should not only be done, but manifestly and undoubtedly be seen to be done.
Absence of Bias, Interest
or Prejudice
Nemo debet esse judex in propria causa or Rule against bias
(No man shall be a judge in his own cause)

The types of bias which might exist:

1. Pecuniary Bias: This arises when the adjudicator/ judge have monetary interest
in the subject matter of the dispute. The judge, while deciding a case should
not have any pecuniary or economic interest.
Bonham Case
Jeejeebhoy Vs. Collector of Thana
Visakhapatnam Co-operative Motor Transport Ltd. v. G. Bangar Raju
Absence of Bias, Interest
or Prejudice
Nemo debet esse judex in propria causa or Rule against bias
(No man shall be a judge in his own cause)

2. Personal Bias: Personal bias arises from near and dear i.e. from friendship,
relationship, business or professional association. Such relationship disqualifies a
person from acting as a judge.

Cottle Vs. Cottle


State of UP vs Mohmmad Nooh
A.K. Kraipak Vs. UOI
Absence of Bias, Interest
or Prejudice
Nemo debet esse judex in propria causa or Rule against bias
(No man shall be a judge in his own cause)

3. Official Bias: Any interest or prejudice will disqualify a judge from hearing the case. When
the adjudicator or the judge has general interest in the subject matter in dispute on account
of his association with the administration or private body, he will be disqualified on the
ground of bias if he has intimately identified himself with the issues in dispute.

Gullapalli Nageshwara Rao Vs. State of A.P. SRTC


Krishna Bus Service Ltd. Vs. State of Haryana
Absence of Bias, Interest
or Prejudice
Nemo debet esse judex in propria causa or Rule against bias
(No man shall be a judge in his own cause)

4. Judicial Obstinacy: The Apex Court in recent years has exposed a new type of bias
This is a new literature that has been added to rule against bias in Indian context. The
Literal meaning of ‘obstinate’ means stubborn. Obstinacy indicates unreasonable &
unswerving insistence where the decision-making authority wouldn’t accept ‘no’ for a
rejoinder in an effort to please their egocentric mind set.

State of W.B. Vs, Shivananda Pathak


Hear the other Side
Audi alteram partem or the rule of fair hearing.
(It means no one shall be condemned unheard )

According to this principle, reasonable opportunity must be given to a person before taking
any action against him. This rule insists that the affected person must be given an
opportunity to produce evidence in support of his case. He should be disclosed the
evidence to be utilized against him and should be given an opportunity to rebut the
evidence produced by the other party.

To constitute fair hearing, the following ingredients are to be satisfied-


1. Notice
2. Hearing
Hear the other Side
Audi alteram partem or the rule of fair hearing.
(It means no one shall be condemned unheard )

1. Notice: There is a duty on the part of the deciding authority to give notice to a person
before taking any action against him. The notice must be reasonable and must contain
the time, place, nature of hearing and other particulars. If the notice is defective or
vague, all subsequent proceedings would be vitiated.

R Vs. University of Cambridge


Ravi Naik Vs. UOI
Hear the other Side
Audi alteram partem or the rule of fair hearing.
(It means no one shall be condemned unheard )

2. Hearing: Fair hearing means that a person against whom an order to his prejudice is
passed should be informed of the charges against him, be given an opportunity to submit
his explanation thereto, have a right to know the evidence both oral and documentary, by
which the matter is proposed to be decided and to have the witnesses examined in his
presence and have the right to cross examine them and to lead his own evidence both oral
and documentary.

Ridge Vs. Baldwin


State of Orrisa Vs. Binapani Dei
Maneka Gandhi Vs, UOI
Hear the other Side
Audi alteram partem or the rule of fair hearing.
(It means no one shall be condemned unheard )

Right to Cross Examination, Disclosure of relevant material is also included within


the principle of Audi Alteram Partem.

Dhakeshwari Cotton Mills Ltd. Vs, CIT


Hira nath Mishra Vs. Rajendra Medical College
Speaking orders or Reasoned
Decisions
Speaking order means an order speaking for itself means that every order should
contain the reasons to support it.

Giving Reasons is important because the party not only has the right to know the result of the
enquiry but also the reasons for the same.

There is no specific rule regarding reasoned decisions in both Indian as well as English law,
however with the emergence of welfare state it emerged as a principle of natural justice.

If a statute requires recording of reasons, then it is necessary.

When the order is subject to appeal or revision.


Speaking orders or Reasoned
Decisions
Speaking order means an order speaking for itself means that every order should
contain the reasons to support it.

There is no particular form of recording reasons.

Effect of non-compliance of the recording of reasons

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