A PROJECT ON

Operation of Principles of Natural Justice Under

Administrative Law- A Critical Analysis

SUBMITTED BY
Name of the student: Nitika Dubey
ENROLLEMENT ID: 19FLICDDN01082

SUBMISSION DATE: 08-04-23

SIGNATURE OF STUDENT:
SIGNATURE OF FACULTY:

ICFAI LAW SCHOOL,

THE ICFAI UNIVERSITY, DEHRADUN

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 ACKNOWLEDGEMENT

Writing a project is one of the most difficult academic challenges I have ever
faced. Though this project has been presented by me but there are many people
who remained in veil, who gave their support and helped me to complete this
project. First of all, I am very grateful to my subject teacher Mr. SHAILESH, sir
without the kind support of whom and help the completion of the project would
have been a herculean task for me. He took out time from his busy schedule to
help me to complete this project and suggested me from where and how to
collect data. I acknowledge my family and friends who gave their valuable and
meticulous advice which was very useful and could not be ignored in writing
the project. I want to convey most sincere thanks to my faculties for helping me
throughout the project. Last, but not the least, I would like to thank the
Almighty for obvious reasons.

Nitika dubey
19FLICDDN01082
BBA LLB HONS
SEC- B

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An Analysis of Principles of Natural Justice Under
Administrative Law.

The term "Jus Naturale" in Roman law, which is closely related to common law and moral
principles but is not codified, is where the concept of natural justice originates. It is a
fundamental law that has no legal or constitutional foundation. All citizens of a civilised
nation should adhere to the natural justice principle.

Making a fair and reasonable judgement on a specific issue is what is meant by natural
justice. Making all reasonable decisions is eventually necessary, even when the topic is
practical, even when it doesn't matter what a reasonable option is in some situations. It
extends beyond the idea of justice, which can take on various hues and tones depending on
the situation. Natural justice dictates that all parties should be informed of all court decisions
and reasons, and that there should be no discrimination in applying these principles.

According to the Supreme Court, the goal of the judicial and administrative bodies is to
render a fair and just decision. Natural justice's primary goal is to avoid injustices being
carried out incorrectly. The paper examines how natural justice functions in the
administration of justice and when its principles are used. If natural justice is applied in the
constitution is the topic of the paper's conclusion.

INTRODUCTION
The idea of natural justice has been around for a very long time and dates back to childhood.
This idea was well understood by the ancient Greeks and Romans. The idea of natural justice
was acknowledged throughout the times of Kautilya, the arthashastra, and Adam. The Bible
claims that when Eve and Adam consumed the fruit of knowledge, God forbade them from
doing so. Eve and Adam both had ample opportunity to present their cases before the
judgement was handed down, and the same procedure was used in both cases.

Later, the concept of natural justice was embraced by an English jurist. The Roman terms
"jus-naturale" and "lex-naturale," which outlined the fundamentals of natural justice, natural
law, and equity, are where the term "natural justice" originates.

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"Natural justice is a great humanising idea meant to invest legislation with fairness and
secure justice, and over the years it has grown into a broadly ubiquitous rule influencing large
areas of administrative action,"[1] said the author of the statement.

"The judiciary has established standardised criteria to determine whether statutory provisions
granting discretionary authority are lawful. Fundamental rights are violated, discretion is
abused, no thought is put into the act, an ultra-virulent conduct is committed, and natural
justice norms are not followed."[2] When a person is treated unfairly as a result of an
administrative action, the principles of Natural Justice are drawn to the situation. "A basic
tool to regulate administrative discretion can be established to be the observance of natural
justice principles."

Research Problem
Natural justice is based on a man's inherent ability to determine whether something is just or
wrong. Equality, justice, and equity are guaranteed by the natural justice principle. It's not an
established cannon. Natural justice is used to make administrative choices that are of higher
quality. It defends the rights of the populace against the capricious administrative power
structure.

Preventing the miscarriage of justice is the basic goal of natural justice. By doing this, justice
would be served to all parties involved. This decision is void or voidable because it violates
the natural justice principles and is arbitrary and unjust. The definition of natural justice and
the circumstances under which it will be applied are unclear.

Research Questions
1. What is natural justice and when it is enforced?

2. Is natural justice considered while administering justice?

3. Does Indian Constitution considers natural justice?

Research Methodology
"Analysis Of Administration Of Natural Justice Under Administrative Law" is the topic of
my research. My research is entirely grounded in "DOCTRINAL METHOD." This challenge
encompasses a wide range of ideas or doctrines. Also, this project covers the majority of the
concerns linked to this topic. The technique of the studies really forms the foundation of this

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project. The primary sources are secondary. Even secondary resources like books, papers,
journals, and internet-based research have been employed by me.

Analysis
"A sense of what is evil and what is right is natural justice,"

The Roman term "Jus Naturale," which signifies the principles of natural law, justice, equity,
and good conscience, is where the name "natural justice" originates. These rules are the result
of the need to develop fair play norms as well as the need for judicial thought, not from any
supernatural authority.

These are the guidelines that every disciplinary body should abide by when making any
decisions that could have a negative impact on people's rights. As can be seen, natural justice
principles are procedural in nature with the goal of ensuring that the parties receive justice;
they are not codified anywhere. In order to resolve conflicts between the parties through a
quasi-judicial body or to contest any administrative or disciplinary action, it is crucial to
adhere to natural justice principles that are accepted by all civilised states. Natural justice
principles serve as a justification for protecting individual rights from blatant discrimination.
These regulations are in place to stop these authorities from acting unfairly.

The idea of natural justice has changed along with the development of society and legal
jurisprudence. No statute contains principles of natural justice. These guidelines have been
incorporated into both process and the legislation. The type of legal responsibility that must
be carried out might help to determine them. Which particular Natural Justice rule will be
used depends on the specific facts and circumstances of each instance. The previous
boundary between judicial acts and administrative actions has vanished over time. Orders
from the disciplinary authorities pertaining to the civil repercussions must adhere to natural
justice laws; otherwise, the courts will invalidate the orders. Natural justice has a flexible set
of rules. Each case's circumstances and sense of time cause them to alter. Due to their
versatility, they may come out as ambiguous or unclear, yet the Indian legal system welcomes
them. Its objective is to avoid both injustice and arbitrariness. They cannot be enforced as
fundamental rights, but they offer excellent defence against any arbitrary conduct that
infringes on people's rights. These are known by the courts as the minimal safeguards against
the arbitrary actions that the judicial or quasi-judicial body will find acceptable. In order to
stop the government from acting unfairly, these regulations are implemented.

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These rules are well-established and are categorised as follows:

 Everyone whose civil rights are affected must be given reasonable notice of the
matter.
 There must be a fair opportunity to hear their defence.
 There should be a fair tribunal conducting the probe.
 Power must act fairly and not arbitrarily.
 This directive shall be a directive of speech.

The principles' goal is to:

 Provide everyone a fair chance to be heard.

 The idea of justice.
 Implement legal omissions and shortcomings.
 Safeguarding of essential rights.
 Fundamental elements of the Constitution.
 No miscarriage of justice.

Administrative Law And Natural Justice

Common law exists in administrative law, especially when it comes to matters of public
interest. It was established at a time when the way the State operated had altered in the years
after independence and the welfare of society had taken precedence. The law also gives
discretion and rules for using the power to keep in check, in addition to a unilateral decision.

Administrative law, in the words of K. C. Davis, "concerns with the powers and practises of
administrative agencies, particularly the law guiding judicial review of administrative
action." The statute we are discussing has a long history that goes back to it.

Natural justice is characterised by "fairness," and its guiding principles are also referred to as
substantial justice, basic justice, universal justice, or fair play in action. The case "Maneka
Gandhi v. Union of India, 1978" was the first to draw attention to the concepts of natural
justice in India.[3]

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Justice v Natural Justice
In terms of law, justice, equality, and religion, justice is the concept of ethics and morality.
Legal justice functions on the basis of the legal framework developed, administered, and
executed by the courts when the principles of natural justice are not defined; these instances
are based on the judges' willingness to get engaged or not in particular circumstances.

The principles of natural justice are not subject to any accepted or reliable interpretation.
Only an administrative practise that infringes on someone's rights can be based on such ideas.
The significance of these concepts can be seen in various laws because equity is a component
of all laws. In the absence of a competent judge, these precepts and hypotheses are not
applicable. The three attributes that a good judge must have are impartiality, neutrality, and
lack of bias.

Significance of Natural Justice Under Administrative law

The main goal of the common law's administrative law is to settle disagreements between the
government and the general population. In India, post-independence development is the
growth of administrative law. The transformation of the State concept is the most pertinent
justification for the evolution of administrative law. The government has transformed into a
welfare and police state. The administrative will has been carried out as a result.
Administrative law allows for the selection of conscience, but it does so in accordance with
the principles of justice and not a single will. This law grants the executive with discretion
and also specifies how to use those authorities. Absolute power as a notion cannot result in
arbitrary behaviour. The goal of administrative law is to limit the use of discretion.

Wide discretion results from arbitrariness and unfairness. If the discretionary is being abused
or used excessively, the judiciary may step in. However, it can only step in if someone feels
that their rights have been violated by an administrative authority's actions.

Principles Of Natural Justice

 Nemo Judex In Causa Sua (rule against bias)

"No one should be a judge in his own case," as this results in unfair laws. Bias is an act that
influences wrong behaviour in connection to a party or a certain issue, whether it be
conscious or unconscious. So, a fair trial for the judge should be conducted using the case's
evidence.

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Types of Bias

1. Personal Bias

The connection between the party and the decision authority leads to personal prejudice. This
causes the authority to act unfairly, make decisions that are dubious, and pass judgement
favourably on his person. These equations are the outcome of several types of interpersonal
and occupational relationships. It is vital to explain one's bias in order to successfully
challenge an administrative decision that was founded on personal prejudice.

It is "Ramanand Prasad Singh v. UOI."[4] The Supreme Court ruled that even if one of the
members of the selection committee's brother participated in the competition, the entire
selection process could not be overturned. Here, it is possible to propose that any panel
members connected to the candidate leave the selection committee panel in order to prevent
biases at the turn of his brother. So, a fair and intelligent choice can be made.

2. Pecuniary Bias

Even a tiny financial benefit to the judiciary could trigger the establishment of an
administrative authority for discrimination.

3. Subject Matter Bias

When a specific case is concerned, the deciding authority has the authority to make a decision
either directly or indirectly. The members of the Congress party who were defeated by the
petitioner in "Muralidhar v. Kadam Singh"[5] were the leader's wife, hence the court declined
to overturn the Election Tribunal's ruling.

4. Departmental Bias

Every administrative process has a problem or issue with departmental bias, and if it is not
effectively monitored and on a regular basis, it will have a detrimental influence on the
proceeding's perception of fairness.

5. Policy-notion Bias

Preconceived policy notions-related issues are a particularly specific problem. The crowd
over there doesn't anticipate the judges to sit there with a clean slate and conduct a fair trial
and render a judgement on the case.

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6. Bias on the account of obstinacy

The unreasonable condition has allowed the Supreme Court to identify new biases. This new
category was created as a result of an appeal in which a judge from the Calcutta High Court
upheld his own decision. No judge may participate in an appeal involving his own case,
which is a clear violation of the norms against prejudice.

Audi Alteram Partem (Rule of Fair Hearing)

It ranks as the second most crucial natural justice fundamental principle. No one should be
convicted without first being heard, according to this. When someone is being held to task,
they must be given the same chance to be heard and given the chance to defend themselves.

They now have the opportunity to respond to the evidence used against them and pick the
lawyer of their choice. When parties decide on a disagreement in a court or tribunal, the
principles of natural justice produce a fundamental and just procedure between the parties.
Each individual or organisation engaged in judicial or quasi-judicial activity has a
responsibility to use caution and consult with both parties before making a decision.

No party will be forced to suffer in person without first providing them a fair chance to be
heard and a chance to refute any pertinent statements that were made that were unfavourable
to them. Every decision-making authority does not have to adhere to the same process as a
court in order to fairly decide any matter. Although the legislature expressly permits
executive actions to be taken without a hearing, the law goes against the fundamentals of a
fair trial. As a result, the court has the authority to overturn any judgement that goes against
natural justice principles or Audi's alteram partem policy.

In Maneka Gandhi v. Union of India, the Indian government seized the applicant's passport
out of concern for the general welfare. Before committing the contested action, the
complainants were not provided any opportunity. The Supreme Court concluded that the
order was against natural justice's tenets.

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Components of Fair hearing
Some requirements in order to constitute the principle of fair hearing are:

 NOTICE
To give someone notice means to inform them of circumstances or to make them
aware of something they may not have known previously. Serving notice to the
individual who will be impacted by the planned action and asking for his justification
is the first step in ensuring a fair hearing. Any order made without notifying the
person is against natural justice principles and is null and void from the start.
The Supreme Court ruled in Fazalbhai v. Custodian[6] that notice must be given even
if there is no legal requirement for it. Yet, no notice is necessary if the law
specifically forbids notice because natural justice laws do not alter the law.
The court decided in Olga Tellis v. BMC[7] that the court department's contention
that Suo moto revision submission or the assertion that there can be no defence to the
proposed action, i.e., this condition of natural justice, cannot be justified. The charges
against him were listed in the notice in Punjab National Bank v. All India Bank
[8]Workers Federation, but the associated sanctions were left out. As a result, the
court's judgement is incorrect, and eventually, a fine cannot be imposed.
 Right to know the evidence against him
Every document and all open facts should be disclosed in full as part of a just and
practical policy. This entails being aware of the decision-making authority, and the
usual rule is that the evidence should be disclosed to both parties. The party in
question is not permitted to base a decision on unproven evidence. Natural justice is
violated when evidence is taken from behind a subject.
In S.P. Paul v. Calcutta University[9], the Calcutta High Court ruled that if it did not
hear testimony from witnesses who stood behind the candidates, it had violated
natural justice. It was claimed that you entered the girls' room and mistreated some
girls in the Supreme Court case Hiranath Mishra v. Rajendra Medical[10]. The
complainant's statement was recorded by the investigating team, but without the
appellants present. They were judged guilty by the college team, and as a result they
were expelled from the school for two academic years. They contested the situation
because the evidence had been removed behind their back. Even though it had been
given a summary of the evidence and had the chance to reject it, the Court noted that

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 natural justice had not been denied. The girls lacked the courage to speak out against
the appeal, according to the court, if not for the significant risk of retaliation and
harassment.
 Cross Examination
One of the most efficient ways to establish the truth and disprove a lie is through
cross-examination. This does not imply that the party in question should have the
right to cross-examine witnesses, at least not in terms of administrative laws.
Depending on the specifics of the case, there may not be a right of cross-examination
unless one of the parties can assert effective immunity. Such a cross-examination
should be allowed, because refusing to do so is against natural justice principles.
The defendant in Kerala State vs. K.T. Shaduli[11] filed returns based on his account
book, which the sales tax officer later found to be inaccurate. It was claimed that
certain sales that show in wholesalers' account books were not recorded in the
defendant's accounts. He requested that he be given the opportunity to cross-examine
wholesalers, but the sales tax officer refused. The concessionaires' request for the
wholesalers to be cross-examined was denied by the Supreme Court because the
appraisers could only prove through cross-examination that the reference in the
concessionaires' books of accounts was accurate and that it was incorrect to include it
among the wholesalers.
 Representation By A Lawyer
Everyone should have the opportunity to represent themselves in court using a lawyer
of their choosing if they are represented by an attorney. The right to legal
representation in administrative procedures is not typically regarded as a crucial
component of natural justice[12] and is therefore not assertible as a matter of right
unless the right is granted by statute. If the statute is silent, the courts have in some
circumstances acknowledged that the party must receive some professional assistance
in order for his right to properly defend himself. Such a circumstance might occur
when the party in question is illiterate, when a legal issue is raised, when the case is
intricate or technical, or when there is expert testimony on file. Dilip Kumar was the
subject of a disciplinary investigation in the case "Board of Trustees of the Port of
Bombay v. Dilip Kumar[13]," which concerned a statutory authority employee.
According to the ruling, it will be against the rule of natural justice if the employer
represents itself before the enquiry officer through a presenting officer who has legal
training while denying the employee the same opportunity.

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REASONED DECISION

Essentially, it is dependent on three rules:

 The impacted party will be given the chance to explain before the Court of Appeal
and Review why the authority rejected it.
 This is a commendable trait of the party who will be the subject of the choice.
 The obligation to document the reasons must act as a check on the executive
authority's ability to exercise judicial jurisdiction arbitrarily.

Principles Of Natural Justice and In Indian Constitution

The term "natural justice" is not mentioned anywhere in the Indian Constitution. The Indian
constitution's main body, however, recognises the fundamentals of natural justice. Justice
Social, Economic, and Political, Liberty of Thought, Belief, Worship, and Equality of Status
and Opportunity are all mentioned in the constitution's preamble. This guarantees equity in
peoples' social and economic activities. Also, it protects a person's freedom from arbitrary
action, which is the foundation for Natural Justice concepts.

 The Indian citizen is guaranteed equality before the law and equal protection under
the law under Article 14. In a few instances, the courts mandated that the person who
was adversely impacted by the administrative action be given the opportunity to try to
make amends before an order was made against him. Such practical safeguards might
lessen the likelihood that a governing official will enact an independent directive.
Thus, the idea that natural law is an essential component of the administrative process
comes from Article 14.
The Constitution's Article 14 has frequently been invoked to defend people against
violations of the principles of natural justice. For instance, the Supreme Court stated
in the well-known case of Maneka Gandhi v. Union of India that Article 14 is a right
to assert that the principles of natural justice are an integral part of the guarantee of
equality promised by Art. 14 and that a decision to deny someone their civil rights is
disordered because it violates natural justice.

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  The right to life and freedom is guaranteed by Article 21, which is a crucial clause to
safeguard freedom and defend human dignity. With a liberal reading of Art. 21, the
Supreme Court of India recognised the need of a "fair trial," made many measures for
the safety of the accused, and offered sufficient protection to support his claim.
According to the Supreme Court, a fair trial is essential to democracy for people who
are charged with crimes. A fair trial is advantageous to both the accused and society.
An unfair trial's sentence runs counter to what we understand justice to be.
 Natural justice and a fair hearing for the person who was detained are guaranteed by
Article 22. When someone is detained, they should be told the reason(s) for their
arrest right away. The person who has been arrested has the right to retain and be
represented by counsel of his choosing. Within twenty-four hours after their arrest,
except the time required for their travel from the location of arrest to the magistrate's
court, everyone who has been arrested and is being held in prison must appear before
the nearest magistrate.
 The goal of natural justice is achieved by the directive principles of state policy, in
particular Article 39-A, which provides for socially, economically, and politically
underprivileged groups of individuals. For those who are poor or disabled, Article 93-
A guarantees free legal assistance.
 In circumstances of violations of any fundamental rights, including the principles of
natural justice, Articles 32 and 226 offer constitutional remedies. The Indian
Constitution's Article 32 addresses the constitutional remedies that an Indian citizen
may request from the Supreme Court and the High Court in the event that his
fundamental rights have been violated. According to Article 32, the Supreme Court
has the authority to issue writs to compel the exercise of rights, but Article 226 gives
the High Court the same authority.

There are five different kinds of writs: certiorari, prohibition quo warranto, mandamus, and
habeas corpus. Both the writ of habeas corpus and the writ of mandamus are used to compel a
public officer to carry out his legal obligations. A Writ of Prohibition and Certiorari is used to
stop judicial and quasi-judicial bodies from acting without jurisdiction, in excess of
jurisdiction, or in situations where a legal error is obvious from the record, a fundamental
right has been violated, or the principles of natural justice have been violated. To determine a
person's legitimacy to hold a position, a quo warranto is utilised.

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Civil servants are guaranteed constitutional protection under Article 311 of the Constitution.
No such person shall be discharged, removed, or lowered in rank without disclosing the
charges against him and providing him with a reasonable opportunity to investigate them,
according to clause (2) of Article 311. The phrase "fair opportunity to be heard" refers to all
facets of the natural justice concepts. Hence, federal servants must be given a fair chance to
be heard before being fired, demoted, or reduced in status.

CONCLUSION

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Natural justice is regarded as a component of providing fairness and a decent chance for
everyone. By appointing counsels and therefore keeping a check on ensuring Natural justice,
we have consistently upheld the ideals of natural justice since our earliest times. Yet, in
recent times, the judiciary has taken on the responsibility of upholding Natural Justice, and
via a number of precedents, the idea of Natural Justice has been raised, recognising and
invoking sound principles in this very idea.

To defend against arbitrary judgements by the administrative authorities, the judiciary has
established and upholds the natural justice principles. It is clear that the principles of natural
justice represent the idea of justice since they promote survival and the protection of fair
commerce. Because of this, no authority that abandons judicial activity is fully accepted at all
stages of the process, although the principal's major goal is to avoid injustice. The principles
of natural justice must be upheld in any administrative solution because it is crucial to
highlight that any judgement or order that violates them is automatically deemed illegitimate.

The implementation of the principle of natural justice is not constrained by physical

boundaries; rather, it depends on the characteristics of the jurisdiction, the authority granted
to the administrative body, and the nature of the rights impacting the individual.

The judiciary has embraced the natural justice principles in order to curb administrative
officials' arbitrary actions, prevent the abuse of authority, and uphold the rights of the
populace. To sustain the supremacy of the rule of law in a democratic nation like India, the
judiciary should identify and declare natural justice to be in effect. The principles of natural
justice are laid out in Articles 14 and 21 of the Indian Constitution. Natural justice principles
can be found in Article 21 with the addition of the concepts of substantive and procedural due
process. A decision that is arbitrary and in violation of natural justice principles is void or
voidable.

REFERRENCES
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  https://blog.ipleaders.in/natural-justice/
 https://unacademy.com/content/upsc/study-material/law/principles-of-natural-justice/
 https://nios.ac.in/media/documents/SrSec338New/338_Introduction_To_Law_Eng/
338_Introduction_To_Law_Eng_L6.pdf

END NOTES
1.A.Beula Chrismak Darius and Ms.R.Dhivya, "Applicability of Principles of Natural Justice
to The Administrative Proceedings" 120 IJPAM 2015 (2018
2.Ibid. at p. 2018
3.AIR 1978 SC 597
4.AIR 1996 SCC 64
5.AIR 1954 MP
6.AIR 1961 SC 284
7.AIR 1986 SC 180
8.AIR 1960 SC 16
9.AIR 1970 Cal 282
10.AIR 1973 SC 1260
11.AIR 1977 SC 1627
12.Kalindi vs. Tata Locomotives, AIR 1960 SC 914
13.1983 AIR 109, 1983 SCR (1) 828

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