Principles of Natural Justice

Principles of Natural Justice

The two basic principles of natural justice are -

1)   Nemo judex in causa sua

 – No one should be made a judge in his own cause or

– Rule against Bias

2)   Audi alteram partem

– Hear the other party or

– No one should be condemned unheard or

– Rule of fair hearing

 

·        Natural justice implies fairness, reasonableness, and equality

·        These are procedural principles

– which every administrative agency must follow

– in taking any decision – adversely affecting the rights of a private

   individual.

·        Principles of natural justice are firmly grounded in

- Articles 14 and 21 of the Constitution

Natural justice is not defined in any rules but the concept is fairly crystalised through judicial pronouncements and covers three important principles: (a) right of either of the party to be heard; (b) no person can be judge in his own cause; and (c) justice should not only be done but should be seen to be done In other words, where there are no specific provisions in the rules and procedures, either party has a right to “fair hearing”, “unbiased judgement” and “clear speaking order”. Natural justice does not supplement any law or rule. It is only supplementary. Secondly, rules of natural justice are generally referred to by or on behalf of defence. They should in all fairness apply to both the parties.

Principles of natural justice case-

Union of India vs J. N. Sinha and others (AIR 1971 SC 40)

A. K. Das vs. Sr. Superintendent of Post Offices (AIR 1969, A & N 99).

Natural Justice in Disciplinary Proceedings: 

The aim of Natural Justice is to secure justice or to put it negatively, to prevent miscarriage of justice. These rules operate only in areas not covered by any law validly made. In other words they do not supplant the law but supplement it. 

[Supreme Court - (1969) 2 SCC 262; AIR 1970 SC 150 - A.K. Kraipak vs. Union of India] 

There must be ever present to the mind of men the fact that our laws of procedure are grounded on the principle of Natural Justice which require that men should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings which affect their lives and property should not continue in their absence and that they should not be precluded from participating in such proceedings. 

[Ramseth vs. Collector of Dharbang, AIR 155 PAT 345] 

The expression 'Natural Justice' conveys the notion that the result of the process should be just. There are two concepts underlying this doctrine, namely, the authority deciding the dispute should be impartial and the party to be affected should be given full and fair opportunity of being heard. 

[C. Pitchiah vs. Andhra University - 1961 ALT. 317, AIR 1961 AP 465] 

The term 'misconduct' means an act done willfully with a wrong intention and as applied to professional people; it includes unprofessional acts, even though such acts are not inherently wrongful. It also means a dereliction of or deviation from duty. 

[Nahood Ali Khan, Inre, AIR 1958 AP 116