Natural Justice
Natural Justice
1. Introduction
Natural Justice is a fundamental principle of administrative law that ensures fairness in decision-making by public authorities. It protects individuals from arbitrary or biased decisions and requires decision-makers to follow a fair process before affecting rights, interests, or legitimate expectations.
Natural justice is sometimes called "procedural fairness" and typically involves two core rules:
2. Core Principles of Natural Justice
A. Audi Alteram Partem (Hear the Other Side)
No person should be condemned or adversely affected without being given a fair opportunity to present their case.
Requires notice of the case against the person and an opportunity to be heard, submit evidence, and respond.
B. Nemo Judex in Causa Sua (No One Should Be a Judge in Their Own Cause)
Decision-makers must be impartial and free from bias.
Any personal interest, relationship, or prejudice that might influence the decision disqualifies the decision-maker.
3. Supplementary Principles
Decisions must be based on relevant evidence.
The reasoning must be clear and intelligible.
Right to legal representation may be included depending on context.
Decisions should not be arbitrary or capricious.
4. Landmark Case Laws on Natural Justice
1. Ridge v. Baldwin [1964] AC 40 (UK House of Lords)
Facts:
Ridge, a police officer, was dismissed without being given a chance to defend himself against allegations of misconduct.
Issue:
Whether the dismissal was lawful despite no opportunity given to Ridge to be heard.
Holding:
The House of Lords held the dismissal was unlawful because Ridge was denied a hearing.
Reasoning:
Established the principle of audi alteram partem.
Natural justice requires fair hearing before depriving someone of employment.
Significance:
Reinforced that administrative actions affecting rights require a fair hearing.
A foundational case for procedural fairness in administrative law.
2. Dimes v. Grand Junction Canal (1852) 3 HLC 759 (UK House of Lords)
Facts:
A judge who had shares in the Grand Junction Canal company gave judgment in a case involving the company.
Issue:
Whether the judge’s interest disqualified him due to bias.
Holding:
The House of Lords declared the judgment void due to apparent bias.
Reasoning:
Established the principle of nemo judex in causa sua.
The mere appearance of bias is enough to invalidate the decision.
Significance:
Laid down the modern test for judicial impartiality.
Protected fairness by preventing conflict of interest in adjudication.
3. Cooper v. Wandsworth Board of Works (1863) 14 CB NS 180 (UK Court of Appeal)
Facts:
Cooper’s house was demolished by the Board without giving him prior notice or hearing.
Issue:
Whether the Board’s decision was lawful without hearing Cooper.
Holding:
The Court held the demolition unlawful for failure to observe natural justice.
Reasoning:
The right to be heard is fundamental.
Even administrative authorities must allow affected persons to present their case.
Significance:
Emphasized that natural justice applies to administrative acts, not just judicial ones.
4. Anwar Hussain v. Union of India AIR 1965 SC 65 (India Supreme Court)
Facts:
Anwar Hussain’s license was revoked without giving him an opportunity to be heard.
Issue:
Was the revocation valid without a hearing?
Holding:
The Supreme Court held that natural justice was violated and the decision was invalid.
Reasoning:
The right to a hearing is an essential component of natural justice.
Administrative authorities must act fairly and allow affected persons to defend themselves.
Significance:
Affirmed natural justice as part of constitutional due process.
Strengthened protection against arbitrary administrative action.
5. R v. Sussex Justices, ex parte McCarthy [1924] 1 KB 256 (UK Court of Appeal)
Facts:
A magistrate hearing a case had a financial interest through his firm in a company involved in the case.
Issue:
Whether this created a real danger of bias.
Holding:
The court quashed the decision due to perceived bias.
Reasoning:
Famous dictum: "Justice must not only be done but must also be seen to be done."
Appearance of bias undermines public confidence in fairness.
Significance:
Strengthened the principle against both actual and perceived bias.
Established the objective test for bias in natural justice.
5. Application and Limitations of Natural Justice
Natural justice applies where decisions affect rights, interests, or legitimate expectations.
Some exceptions exist (e.g., urgent cases, purely ministerial acts).
The formality of hearing depends on the context and importance of the interest at stake.
Natural justice primarily governs procedure, not the correctness of the decision itself.
6. Conclusion
Natural justice is a cornerstone of administrative law, ensuring that government and administrative authorities act fairly and justly. The cases discussed reinforce the principles that no person should be judged without a fair hearing and that decision-makers must be impartial. This guarantees procedural fairness, transparency, and public confidence in administrative justice.
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