Author: Annesha Marick, Techno India University salt Lake
Headline of the article
Natural justice implies fairness , reasonableness , equity and equality. The term “natural justice” is derived from Latin Word “jus natural”, and although it is not codified it is closely tied to common law and moral principle.
Thomas Aquinas the father of Natural Justice.
In its layman language natural justice means natural sense of what is right and wrong. Making an informed and fair judgement regarding a specific matter is known as natural justice. Sometimes the reasonable decision is irrevalent; What important is the process and the participant in arriving at reasonable decision. Hopkins vs Smithwick Local Board of Health(ii) Lord Parker in his opinion defines it as a duty to act fairly. Also J Bhagwati in Maneka Gandhi vs Union of India has recognised it as fair play in action.
IMPORTANCE- The primary aim of natural justice is to ensure equity in the economic Undertakings of society and people. It also defends individual liberty against arbitrary action.
The idea of natural justice is not to present in the Indian Constitution. However, authorities consider it an element mandatory for the management of justice. It is an idea of usual law which originates from Jews natural, which stands from the law of nature. In simple terms principle of National Justice establishes differences between right and wrong.
PRINCIPLES- Natural justice Doesn’t simply mean Justice discovered in nature . The principle of natural justice in India are those regulations made by the court, as being the least protection of the persons right against the Advaita Policy, that judicial quasi judicial principles of natural justice in administrative law. Power may adopt which make an order working on those rights.
No one should determine in his own case
Making accessible a copy of the statutory report.
No one should be convicted without hearing.
A party has the right to look on the causes of the decision.
We are at two principles of national justice These two principles are-
Nemo judex in causa sua- No one should be made a judge in his phone calls. And the rule against bias
Audi alteram partem- Means to hear the other party, or no one should be condemned unheard.
No one should be a judge in his own case, since it directs the rule of BSS BS leads to an unfair job, whether an unconscious or conscious phrase about a specific case or the party.
Nemo judex in causa sua Signifies rule against Bias. If this is the first principle of natural justice, death takes no individual should be a judge in his own cause God are deciding power must be neutral and impartial when examining in case.
CONCEPT
To the point:-
The principle of natural justice also known as principle of procedural fairness Our fundamental legal principles that govern, administrative judicial proceedings. These principles ensure that decision making processes are fair unbeaten and transparent, thereby safeguarding the rights and interests of individuals involving in legal and administrative proceedings. The principle of National Justice are considered essential component of the rule of law and the protection of fundamental rights. There are two main principle of national justice-
1.The principle of Audi alteram( right to be Heard)
2. Show the principal requires that all parties affected by a decision have the opportunity to be called and to present their case before a decision is made. We can ensure that individual have a fair chance to respond to the evidence or argument presented against them, and to provide own evidence and arguments in support of their position.
3. The right to be heard includes right to receive Modis or the proceedings. Include the nature of the allegations or issues The evidence relief. It also includes right to have adequate time and opportunity to prepare present one’s case to call witnesses and to cross examine adverse witnesses.
4. The principle of the audi alteram Ensures that decision makers consider all relevant information and arguments before reaching a decision Thereby enhancing the fairness and legitimacy of the decision making process. The principle of Audi Partem often referred to the right to be heard or hearing through. He is one of the fundamental principle of natural justice, or procedural fairness. This principle requires that all parties affected by a decision have the opportunity to be heard and present their case before a decision That may affect their right interest, legitimate expectations, the principle of Audi alteram partem Encompasses several key elements-
1. Notice- The right to be heard begins with the requirement of notice. Parties must be given Adequate notice of the proceedings, including the nature of the allegation of the issues being considered, the evidence or arguments being released upon and the potential consequences of the decision. .
2. opportunity to present case- parties must have a meaningful opportunity to present their case before the decision maker. This influence the right to be present at the hearing to present evidence and arguments in support of their position and to challenge evidence and argument presenting the opposite party. The opportunity to present one’s case ensures that parties can address any factual inaccuracies, misunderstandings or misrepresentations, and can provide additional context or explanations relevant to the decision.
3.Right to legal representation- Parties often have the right to be represented by legal counsel or other representatives during the hearing Legal representation can help parties navigate for single complexities advocate for their rights and interests, and ensure that their case is presented effectively. The right to legal representation enhances parties ability to effectively exercise their rights to be heard and contribute to the fairness and integrity of the decision making process.
4.Right to cross examine- Parties may have the right to cross examine weaknesses or challenge evidence presented by the opposing parties. Cross Examination allows party to test the credibility and reliability of weaknesses and evidence to uncover any inconsistencies or weaknesses in the opposing party’s case. Cross examination is an essential element of the right to be heard, as it enables parties to challenge and convince the evidence of argument presented against them and to ensure that all relevant information is considered by the decision maker.
5. Reason for decision- After the hearing of the decision maker, must provide reasons for their decision, explaining on the basis of their findings and confusions. Reason for decision enables path is to understand the traditional behind the decisions and to assess whether it is supported by the evidence and consistent with applicable legal principles.
The proof
HISTORICAL EVOLUTION AND DEVELOPMENT OF NATURAL JUSTICE
It is said that principles of natural justice are very ancient origin and was known Greek and Ancient & Romans . The notion of natural justice system emerges from religious and psychological beliefs about how we see ourselves with respect to nature The principles were accepted as early as in the days of Adam and of kautilya’s Arthashastra. According to the Bible, when Adam and Eve ate the fruit of knowledge Which was forbidden by God The letter didn’t pass sentence of Adam before he was called, often to defend himself Principles of natural justice was adopted by English students. To be so fundamental as to override all laws. We want natural justice manifest justice, according to one’s own conscience. It is derived from Roman concept, jus naturale and lex naturale Which means natural justice eternal law natural equity or good conscience.
The rules of natural justice were placed so high that it was declared that no human law or any validity If contrary to this, and that a coat of law could disregard an act of Parliament, if it is contrary to natural law key origin and development are equity in England, oath much to natural law. The concept of natural law and natural rights influence the drafting of the us and the Constitution.
KEY ELEMENT OF NATURAL JUSTICE
AUDI ALTERAM PARTEM- The principle of ‘audi alteram partem’ Is a lacking term it means to hear the other side. It makes sure that each party to a legal or judicial prosperity gets a chance to be heard before a decision is made. It plays an important part in national justice These principles are considered fundamental to the rule of law in the Constitution of India. This principle should be followed when making a judgement Natural justice entails a sensible relevant decision making process, emphasising the process and the participants involved going beyond these concept of fairness with its diverse shades depending on the context. These principles are explained in detail below-
Nemo Judex in Causa Sua- This principle states that no persons will be a judge in his or her calls. It means that a decision maker must be impartial and unbiased while making a decision. The rule against Bias can be divided into four types-
Personal bias- Personal bias results from the relationship between a decision making authority and the parties that inclined him /her Unfavourable.
Such an equation might arise from many sort of personal, professional animosity or friendship For example, if a judge has a personal interest in a case, it can lead to personal gears. These beers can arise from relationships or trial involvement in the matter. Personal bears affect the fairness of the decision making process.
Pecuniary Bias, we can see integrity and fairness of decision making process when there is pecuniary bias Today’s concerns about the Imperiality and credibility of the decision rendered.
Subject matter bias- Subject method BS happens when the person making a decision already has a strong opinion on their about any topic or subject. This can affect after a decision. Therefore, a person cannot remain neutral and fair.
Policy notion bias- Please bear occurs when a judge is influenced by the Ideological belief it involves a predetermined stance on the policy issues related to the case. Policy notion bias compromises the neutrality impartially required in decision making.
Audi alteram partem or rule of fair hearing
Audi alteram partem and fear hearing means hear the other side. It helps ensure fairness , openness and accountability.
For example, a person doing wrong he do not fear hearing required that individual affected by a decision have the right to know is denied an opportunity to defend himself herself. It would be unjust and unfair situation.
The rule of fair hearing requities that individual affected by a decision have the right to know the case against them respond the allegation and present evidence on argument.
CONCLUSION
Principle of natural justice are the fundamental procedural right that must be observed by administrative law and judicial bodies while making decision that effect individual right and interests . They are an essential component of rule of law and aim to ensure fairness and impartiality in decision making processes. There are certain future consideration for ensuring natural justice must provide procedural fairness to all parties involved in decision making process. This involves parties providing opportunity to be heard ,right to present evidence ,and the right to fair and impartial decision maker.
Besides this , the process should be transparent to ensure the reason behind the decision . The decision maker should be independent and impartial to ensure decision are made without bias or influence post decisional hearing which gained momentum in recent times after the authority has given tentative decision the parties have right to heard and challenge the decision the hearing is based on full and accurate understanding of the fact and that principle of natural justice upheld. It is pertinent to understand that principle of natural justice can be excluded but only in exceptional circumstances.
Caselaws
Maneka Gandhi v union of India – AIR 1978 SC 597 was a land mark decision of supreme court significantly expanded the interpretation of constitution of India. The ruling of maneka Gandhi case was handed down by the seven judge bench of sc and this case has been marked new beginning of interpretation of fundamental right provided by Indian constitution.
The decision held by sc has been a guiding light in understanding the aspect of fundamental right mentioned in part 3 of Indian constitution .
2.A.K. GOPOLAN v. STATE OF MADRAS –
The concept of personal liberty mentioned under article 21 was first seen in case of A.K Gopalan vs State of Madras ,1950 where in this case the petitioner was detained under preventive detention act 1950 and he challenged the validity of his grounds of violation of article 19(1) d.
ASHOK KUMAR V.STATE OF HARYANA
The deceased and accused Ashok Kumar were married on 9 oct the father of deceased had given enough dowry at the time of marriage according to their means desire and capacity . But could not satisfied the appellant and his family by dowry they allegedly use to harrass and maltreat the deceased and used to give her beatings .
They had demanded a refrigerator television etc . one week prior to the date of occurrence the deceased came to kaithlal and narrated the story .she specifically mention her husband want to set up a new buisness for which he required sum of 5000 which could not be managed by her parents due to which accused and his family alleged to have burnt the deceased by sprinkling kerosene oil on her as a result of which she died .
The supreme court accepted the appeal and accused was rewarded sentence of seven years imprisonment .
FAQS
What are the main principles of natural justice ?
Audi Alteram partem – the right to be heard by the other side.
Nemo judex in causa sua – the right not to be judged by one’s own cause.
Right to reasoned decision – the right to receive a reasoned decision.
What is the purpose of natural justice?
The purpose of natural justice is to ensure that decisions are fair and reasonable and to prevent miscarriage of justice.
What happens if natural justice principles are violated ?
If natural justice principles are violated it can lead to unfair decision and denial of basic right.
