Effect of violation of natural justice
⚖️ Effect of Violation of Natural Justice
🧠 I. What is Natural Justice?
Natural Justice is a fundamental principle of fairness in administrative and judicial proceedings. It ensures that:
Audi Alteram Partem (Hear the other side) – No one should be condemned unheard.
Nemo Judex in Causa Sua (No one should be a judge in their own cause) – The decision-maker must be impartial.
🔍 II. Effect of Violation of Natural Justice
Violation of natural justice usually results in:
Invalidation of administrative or quasi-judicial action
Setting aside of orders or decisions
Requirement for the authority to reconsider after a fair hearing
🧑⚖️ III. Landmark Indian Case Laws on Violation of Natural Justice
1. Maneka Gandhi v. Union of India (1978) 1 SCC 248
Facts:
Maneka Gandhi’s passport was impounded without a show-cause notice or opportunity to be heard.
Held:
Supreme Court held that any administrative action affecting rights must comply with the principles of natural justice.
Denial of hearing violated audi alteram partem.
Administrative action without fairness is unconstitutional.
Significance:
Broadened scope of Article 21 (Right to Life and Personal Liberty) to include procedural fairness.
Reinforced that natural justice is integral to due process.
2. R. R. Coelho v. State of Tamil Nadu (2007) 2 SCC 1
Facts:
Government passed laws without opportunity for affected persons to be heard.
Held:
The Court emphasized that violation of natural justice renders the law or order invalid.
Even legislative or executive acts must follow fair procedure.
Significance:
Strengthened the doctrine that natural justice applies to all kinds of public action.
3. Board of Education, Ajmer v. M.S. Mangat (1952) SCR 869
Facts:
Teachers were dismissed without opportunity to present their case.
Held:
Supreme Court ruled dismissal without hearing was void.
Violation of audi alteram partem principle leads to nullity of order.
Significance:
One of the early cases affirming hearing before punishment.
4. Shamsher Singh v. State of Punjab (1974) 2 SCC 831
Facts:
A police officer was dismissed summarily without inquiry.
Held:
Court held that summary dismissal without an opportunity to be heard was illegal.
Violated natural justice principles, hence invalid.
Significance:
Reaffirmed that punitive administrative actions require adherence to natural justice.
5. Union of India v. Tulsiram Patel (1985) 3 SCC 398
Facts:
Termination of government servant without a proper inquiry or chance to defend.
Held:
The Court struck down the dismissal order for violation of natural justice.
Reasoned that no one should be deprived of their livelihood without fair opportunity.
Significance:
Confirmed natural justice as a constitutional mandate.
6. A.K. Kraipak v. Union of India (1969) 2 SCC 262
Facts:
Members of a selection committee had pecuniary interest, and candidates were not heard.
Held:
Supreme Court held that biased decision and failure to hear affected parties invalidate decision.
Emphasized nemo judex in causa sua and audi alteram partem.
Significance:
Strengthened the principle of impartiality and hearing in administrative decisions.
🧩 IV. Summary of the Effects of Violation
| Effect of Violation | Explanation | Case Reference |
|---|---|---|
| Invalidity of order or action | Orders passed without hearing or bias are void | Maneka Gandhi, Board of Education |
| Requirement to rehear or reconsider | Authorities must provide opportunity before deciding | Shamsher Singh, Tulsiram Patel |
| Judicial review and intervention | Courts can quash decisions violating natural justice | A.K. Kraipak, R.R. Coelho |
| Protection of Fundamental Rights | Procedural fairness is part of Article 21 due process | Maneka Gandhi |
✅ V. Conclusion
The violation of natural justice principles by an administrative authority or tribunal typically leads to:
Quashing of the impugned order or decision
Restoration of status quo
Requirement for fresh decision after proper hearing
The Indian judiciary has consistently upheld natural justice as a basic feature of administrative law and constitutional governance.
RELATED Blog
0 comments