Principles of natural justice
Principles of Natural Justice
What Are Principles of Natural Justice?
Natural justice is a set of procedural rules designed to ensure fairness in administrative and judicial decision-making.
It protects individuals from arbitrary or unfair decisions by authorities.
It is rooted in common law but has universal application in administrative law worldwide.
The two core principles are:
Audi Alteram Partem — “Let the other side be heard” (Right to a fair hearing)
Nemo Judex in Causa Sua — “No one should be a judge in their own cause” (Rule against bias)
Why Are They Important?
They ensure due process in administrative actions.
Protect individuals’ rights, including the right to be heard before adverse action.
Make decision-making transparent, unbiased, and reasonable.
Even where laws don’t explicitly require it, courts often impose these principles.
The Two Main Principles Explained
Audi Alteram Partem (Right to be Heard)
A person must be given an adequate opportunity to present their case.
Includes:
Notice of charges or issues.
Disclosure of evidence.
Right to respond and present evidence.
Right to legal representation in some cases.
Nemo Judex in Causa Sua (Rule Against Bias)
Decision-makers must be impartial.
No personal interest or prejudice should influence the decision.
Even the appearance of bias can invalidate decisions.
Other Related Principles
Reasoned Decision: The authority must give reasons for its decision.
Opportunity to Cross-Examine: In some cases, parties can challenge evidence.
Right to Legal Representation: Especially in complex or serious matters.
Important Indian Cases on Natural Justice
1. A.K. Kraipak v. Union of India (1969)
Citation: AIR 1970 SC 150
Facts: Selection committee members had an interest in the decision.
Held: The Supreme Court held that natural justice applies to administrative decisions affecting rights.
Significance: Expanded natural justice to administrative proceedings, emphasizing the rule against bias.
2. Maneka Gandhi v. Union of India (1978)
Citation: AIR 1978 SC 597
Facts: Passport was impounded without giving the petitioner a chance to be heard.
Held: Right to personal liberty under Article 21 includes the right to a fair procedure.
Significance: Reinforced audi alteram partem as part of constitutional due process.
3. Ridge v. Baldwin (1964) (English Case Influential in India)
Facts: A police chief was dismissed without hearing.
Held: The House of Lords emphasized the right to be heard applies even in administrative decisions.
Significance: A foundational case influencing Indian natural justice jurisprudence.
4. S.P. Gupta v. Union of India (1981)
Citation: AIR 1982 SC 149
Issue: Judicial appointments and the importance of impartiality.
Held: The Supreme Court stressed transparency and impartiality in administrative decisions.
Significance: Highlighted nemo judex and openness as vital for trust in administration.
5. B.C. Chaturvedi v. Union of India (1995)
Citation: AIR 1995 SC 2348
Facts: Disciplinary proceedings without hearing the employee.
Held: Court held that denial of the right to be heard violates natural justice.
Significance: Strict enforcement of audi alteram partem in disciplinary actions.
6. Hussainara Khatoon v. Home Secretary, State of Bihar (1979)
Citation: AIR 1979 SC 1369
Context: Right to speedy trial linked to fair hearing.
Significance: Extended natural justice to criminal procedure, ensuring timely and fair trial.
7. D.K. Yadav v. J.M.A. Industries Ltd. (1993)
Citation: AIR 1993 SC 260
Facts: Arbitrator acted with bias.
Held: The court held that the rule against bias applies in arbitration and administrative decisions.
Significance: Reiterated nemo judex as a fundamental principle.
8. M.P. Sharma v. Satish Chandra (1954)
Citation: AIR 1954 SC 300
Context: Although about search and seizure, the court recognized fairness in administrative actions.
Significance: Early case emphasizing fairness and due process principles.
Summary Table of Principles & Case Examples
| Principle | Description | Key Case(s) |
|---|---|---|
| Audi Alteram Partem | Right to be heard before adverse decision | Maneka Gandhi, B.C. Chaturvedi |
| Nemo Judex in Causa Sua | No bias or conflict of interest | A.K. Kraipak, D.K. Yadav |
| Reasoned Decisions | Decisions should be explained | S.P. Gupta |
| Fair Hearing & Due Process | Overall fairness in procedure | Hussainara Khatoon, Maneka Gandhi |
Quick Recap:
Natural justice safeguards fairness in administrative law.
It is mandatory in decisions affecting rights.
Courts in India have broadened these principles under Article 21.
Violations lead to quashing of administrative orders.
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