Exceptions to natural justice
✅ Exceptions to Natural Justice
📘 I. What is Natural Justice?
Natural Justice is a fundamental principle of administrative law that demands fairness in decision-making. It primarily consists of two rules:
Nemo Judex in Causa Sua — No one should be a judge in their own cause (rule against bias).
Audi Alteram Partem — The right to be heard.
However, natural justice is not absolute. Courts have recognized certain exceptions where strict adherence to these rules is either impossible or undesirable.
🧱 II. When and Why Are Exceptions to Natural Justice Allowed?
Exceptions arise when:
Compliance would defeat the purpose of the law.
Emergency or urgent situations require quick action.
The matter is purely administrative or ministerial.
The person affected has waived the right.
The law explicitly excludes natural justice.
⚖️ III. Key Exceptions to Natural Justice with Case Law
1. Statutory Exclusion of Natural Justice
Some statutes explicitly exclude the application of natural justice.
Case: R. v. Northumberland Compensation Appeal Tribunal, ex parte Shaw (1952) 1 All ER 122
Facts: The Act excluded the application of natural justice in appeal tribunal decisions.
Held: The court held that where Parliament clearly excludes natural justice, courts cannot intervene.
Principle: Natural justice can be excluded by clear statutory language.
2. Impossibility of Compliance
When giving a hearing is impossible due to urgency or other practical reasons.
Case: Lloyd v. McMahon [1987] AC 625 (UK)
Facts: A public inquiry was conducted without prior hearing to the affected parties due to urgency.
Held: The House of Lords held that in exceptional cases, natural justice rules can be relaxed.
Principle: Natural justice is flexible and may be dispensed with in exceptional circumstances.
3. Waiver of the Right
A person may voluntarily waive their right to a hearing.
Case: Ridge v. Baldwin [1964] AC 40 (UK)
Note: Although this case emphasized the right to a fair hearing, it acknowledged that a party can waive the right.
Principle: If the affected party consents or does not insist on the hearing, the rule may not apply.
4. Where Act is Quasi-Judicial but Purely Administrative Acts
If the act is administrative and not judicial or quasi-judicial, natural justice may not apply.
Case: Kihoto Hollohan v. Zachillhu and Others AIR 1993 SC 412
Facts: Speaker of Legislative Assembly disqualified members without following natural justice.
Held: The Court distinguished between judicial/quasi-judicial acts and purely administrative acts.
Principle: Natural justice applies only to judicial/quasi-judicial acts, not purely administrative ones.
5. Where Prior Hearing is Futile or Prejudice
If prior hearing is likely to jeopardize the investigation or result.
Case: State of Uttar Pradesh v. Mohd. Nooh, AIR 1958 SC 580
Facts: The petitioner was dismissed without prior hearing on grounds of misconduct.
Held: The Court allowed summary dismissal where prior hearing would defeat purpose, especially in service matters involving misconduct.
Principle: In cases of serious misconduct, prior hearing can be dispensed with if necessary.
6. Public Interest and National Security
In matters of national security or public interest, natural justice can be curtailed.
Case: Union of India v. Tulsiram Patel AIR 1985 SC 1416
Facts: The petitioner’s dismissal in the interest of national security without prior hearing was challenged.
Held: Court allowed exceptions in interest of public service and national security.
Principle: National security and public interest can override procedural fairness.
7. Where Legislative Procedure Provides for Post-Facto Hearing
In some cases, the statute may allow action first and hearing later.
Case: Maneka Gandhi v. Union of India AIR 1978 SC 597
Facts: The government impounded passport without prior hearing but provided opportunity of hearing after.
Held: Court upheld this, balancing natural justice with executive discretion.
Principle: Post-decisional hearing may satisfy natural justice if pre-hearing is impractical.
✅ IV. Summary Table of Exceptions
| Exception | Case Law | Principle |
|---|---|---|
| Statutory Exclusion | R. v. Northumberland | Natural justice excluded by clear statute |
| Impossibility | Lloyd v. McMahon | Natural justice dispensed with in emergencies |
| Waiver | Ridge v. Baldwin | Right to hearing can be waived |
| Purely Administrative Act | Kihoto Hollohan | Natural justice applies only to judicial/quasi-judicial acts |
| Futility of Prior Hearing | State of UP v. Mohd. Nooh | Prior hearing unnecessary if it defeats purpose |
| National Security | Union of India v. Tulsiram Patel | Public interest can override natural justice |
| Post-Facto Hearing | Maneka Gandhi | Hearing after decision may suffice |
📌 V. Conclusion
Natural justice is a cornerstone of fairness in administrative action, but its application is not absolute. Courts have recognized several exceptions based on:
Legislative intent,
Practical considerations,
Public interest and security,
And nature of the decision.
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