Principle Of Natural Justice 

Principle Of Natural Justice 

Author: Diksha Tiwari from JIMS Engineering Management Technical Campus of Law

Introduction 

• Principle of Natural Justice derives from the word ‘Jus Natural’ in Roman law and it is related to common law and moral principle but it is not codified .
• Principle of Natural Justice is adhered to the citizen of a civilized state with Supreme importance. 
• It simply means sensible and reasonable decisions on a particular issue. 
• It is not restricted within the concept of fairness. 
• Natural Justice consist of two rule : 
• The first one “hearing rule” means that both parties have equal opportunities to express their view to defend himself.
• Secondly, “Basis rule” means that the panel which gives a decision is not biased towards anyone and gives the decision fairly.

Origin

• It is a very old concept and originated at an early age.
• People of Roman and Greek descent were also familiar with this concept.
•  Later in the days of kautilya, arthashastra and Adam were acknowledged to the concept of natural justice.
• Later on this concept was accepted by English Jurists.
• The word natural justice derives from the words ‘Jus Naturale’ and ‘Lex Naturale’ which planned the principle of natural justice,natural law and equity.
• In India this principle introduced by the case of  Mohinder Singh Gill vs. Chief Election Commissioner .In this case the Court held the concept of fairness should be in every action whether judicial,quasi judicial, administrative or quasi administrative work.

Purpose of the principle 

•  Provide an  equal opportunity to be heard  before making any decision. 
• To fulfill gaps of the law.
• Concept of fairness 
• Protect fundamental rights.
• No miscarriage of justice.

The Supreme Court also said that arriving at reasonable and justifiable judgment is the purpose of the administrative bodies and judicial bodies. Hence the main motive  of natural justice is to prevent miscarriage of justice.

A committee i. e Minister Power gave three essential procedures related to the principle of natural justice .

• No one should be judged on his own matters.
• No one cannot be unheard.
• The party should know each and every reason behind the decision given by the authority .

Rule of Natural Justice 

1. NEMO JUDEX IN CAUSA SUA 
2. AUDI ALTERAM PARTEM
3. REASONED DECISION

NEMO JUDEX IN CAUSA SUA : This means that “No one should be a judge in his own case ” as it is  leads to a rule of basis. Basis means an act which leads to unfair activity whether in a conscious or unconscious stage in relation to a party or particular case.

Type of Bias

• Personal Bias: It arises from a relation between party and deciding authority and thus would create a doubtful situation to announce an unfair or one sided decision. 
• Pecuniary Bias:  If any kind of judicial body has a monetary benefit which also leads to unfair decisions.
• Subject matter Bias: When either directly or indirectly involved in the subject matter of the ongoing case.
• Departmental Bias: Departmental bias can indeed undermine the perception of fairness in administrative processes. Regular and effective checks are essential to prevent its negative impact on the overall proceedings and uphold a sense of fairness.

AUDI ALTERAM PARTEM: It simply includes three Latin words which basically means that no person can be punished by court without  giving them an opportunity to hear.

Components 

1. Issuance of notice: Validity and proper notice must be given to the party and it is an important part of the principle of natural justice and it also plays an important role in fair proceedings.
2. Right to present the case and evidence: After receiving notice the party must be given reasonable time in order to prepare and present the case in a real and effective manner.
3. Right to Cross Examination: Right to fair hearing also includes the right to cross examine the statement made by each party. If any  party denies the cross examination then it is a direct violation of the Principle of natural justice 
4. Right of Legal representative: In case of enquiry every party has the right to have their legal representative. Each party will be represented by their legal representative and no one can deny it. 

Exception 

This AUDI ALTERAM PARTEM is not consider in following cases also :

1. During the Emergency period
2. Public interest
3. Express statutory provision
4. If the case is not serious in nature.
5. If the case does not affect the status of an individual 

Applicability 

Natural Justice is applicable in following point:

1. Court except to ex parte
2. Tribunal
3. Authority entrusted with discretion but subject to legal limitations .

Conclusion

The principles of natural justice serve as a cornerstone in ensuring fairness and preventing arbitrary decisions within administrative procedures. The judiciary upholds these principles to safeguard public rights and prevent miscarriages of justice, emphasizing that any decision violating natural justice is deemed null and void. The applicability of these principles extends beyond confined boundaries and varies based on the jurisdiction, administrative authority, and nature of the individual’s rights involved.