Principles of Natural Justice ‘The idea of natural justice is not present in the Indian constitution. However, authorities consider it an element mandatory for the management of justice. It is an idea of usual law which originates from “jus natural”, which stands for the law of nature. In simple terms, principles of natural justice esiablish the differences between right and wrong. What Are the Principles of Natural Justice? “Natural” justice does not simply mean justice discovered in nature. It is a compilation of ideas that should be naturally connected with justice, regardless of whether these ideas are part of law. Natural justice applies comprehensively to administrative discretion. Its goal is to prevent ‘The principles of natural justice in India are those regulations made by the courts as being the Jeast protection of the person’s rights against the arbitrary policy that judicial, quasi-judicial principles of natural justice in administrative law power may adopt while making an order working on those rights. ‘The committee on Minister’s Power or Frank Committee has laid down the following norms of natural justice: 1. No one shall determine in his own cause 2, Making accessible a copy of the statutory report 3. No one should be convicted without a hearing 4, A party has the right to know all the causes of the decision Indian Constitution and Principles of Natural Justice ‘As already mentioned, the Indian Constitution does not use the expression ‘Natural Justice’ anywhere. However, the following parts of the Constitution with their respective expressions convey the idea of Natural Justice. and equality of opportunity and status /. Preamble: ‘Social, Economic and Political’ justice, liberty of belief, thought, worship, a Article 14: Equal protection of the law for all citizens of India and equality before law @ scanned with OKEN ScannerArticle 21: Right to liberty and life 4 ‘Article 22: Provision of fair hearing for an arrested person ZZ “Article 39-A: Free legal services for disabled and indignant people Z ‘Article 311: Constitutional protection for civil servants 4 ‘Article 32, 136, and 226: Constitutional solutions for violations of fundamental rights ec Two Principles of Natural Jus There are mainly two Principles of Natural Justice. These two Principles are: Rule Against Bias or Nemo Judex In Causa Sua No one should be a judge in his own case” since it directs to the rule of biases. Bias signifies an ‘act that leads to an unfair job, whether in an unconscious or conscious phase about a specific tase ot the party. Hence, this rule reinforees impartiality in a judge impartially and ensures that the judgement delivered is solely based on the evidence available for a case. Nemo Judex In Causa Sua signifies rule against bias. This is the first principle of natural justice that states no individual should be a judge in his own cause, or a deciding power must be neutral and impartial when examining any case. Type of Bias ersonal Bias Personal bias originates from a relation between a deciding authority and the party. This can place the deciding administration in a questionable situation to undertake an unfair act and deliver judgement in his person's favour. ecuniary Bias In case there is any kind of financial interest on the judicial body’s part, notwithstanding the amount, it will lead to biases for the administrative authority. < Matter Bias This bias is applicable when the deciding administration falls under the subject matter of a specific case, directly or indirectly. ‘olicy Notion Bias Issues emerging from preconceived policy notions is a very dedicated problem, The mob in a courtroom does not anticipate judges to deliver a fair judgement and trial with a clean sheet of paper. @ scanned with OKEN ScannerOther Bias are: Preconceived Notion Bias + Departmental Bias or Institutional Bias + Bias on account of the Obstinacy Audi Alteram Partem (Rule of Fair Hearing) ‘The second fundamental principle of natural justice is audi alteram partem or the rule of fair hearing, It means no one shall be condemned unheard i.e. there must be fairness on the part of the deciding authority. ‘According to this principle, reasonable opportunity must be given to a person before taking any totion against him, This rule insists that the affected person must be given an opportunity to produce evidence in support of his ease. He should be disclosed the evidence fe be utilized desinst him and should be given an opportunity to rebut the evidence produced by the other party. In simple words, this rule states that both parties must have the chance to represent theif viewpoints, and authorities should conduct a fai tial accordingly. This is a significant rule of hatural justice as it prevents authorities from subjecting any individual to punishment without @ Sound and valid ground. A person should get prior notice, so he knows about all the charges eainst him in advance, and prepare accordingly. This is also called a rule of fair hearing. The constituents of fair hearing do not remain fixed. It varies across authorities and cases. ‘The principle of natural justice has been followed and adopted to save public rights against random arbitrary decisions by the administrative authority. Therefore, an individual can easily ee that the rule of natural justice includes the concept of faimess and honesty: they stay alive and help to safeguard fair dealing. Essentials of fair hearing To constitute fair hearing, the following ingredients are to be satisfied- 1. Notice 2 Hearing 1. Notice: There is a duty on the part of the deciding authority to give notice to a person before taking any action against him. The notice must be reasonable and must contain the time, place, nature of hearing and other particulars. If the notice is defective or vague, all subsequent proceedings would be vitiated. Relevant case on this point is Punjab National Bank v. All India Bank Employees Federation AIR 1960 SC16. @ scanned with OKEN Scannert which fine was imposed. The Supreme iy in R. v. University 0 versity authorities without Mind of misconduct. The In this case, notice did not contain the charges agains voaant eld that the notice defective and quashed the fine. Si Cambridge (Dr. Bentley's case) (1723) | St 757. In this case, the Uni giving any notice cancelled the degree of Dr. Bentley on the grot University's action was held violative of the principle of natural justice. 2, Hearing: Fair hearing in its full sense mean’ that a person against whom an order to his prejudice is passed should be informed of the charges against him, be given an opportunity to Pbmit his explanation thereto, have a tight (0 know the evidence both oral and documentary, by Which the matter is proposed to be decided and to have 1ed in his presence fe the witnesses examin and have the right to cross examine them and to lead his own evidence both oral and documentary in his defence. It is a code of procedure, which has no definite content, but varies mith the facts and circumstances of the case. Ingredients of fair hearing: @ hearing will be treated as fair hearing if the following conditions are satisfied: 1 ‘Adjudicating authority receives all jority discloses t him jividual jerial which the relevant material produced by the indi 2, The adjudicating auth the individual concerned evidence or mat it wishes to use agai 3, The adjudicating authority providing the person concerned an opportunity to rebut the ciidence or material which they said authority wants 0 use against him @ scanned with OKEN ScannerRULE OF LAW ic pri i ion f Rule of One of the very basic principles of the English Constitution is the concept of Law. The concept is well established in all legal systems in the world which include the constitutions of the United States of America and India. Chief Justice Edward Coke of England, who held office during the reign of King James |, is considered to be the originator of this doctrine. Justice Coke while emphasizing the supremacy of law against the executive stated that the King should be under God and Law. The theory of Justice Coke was developed by Dicey in his classic work “The Law and the Constitution” which was published in the year 1885. Rule of Law — Meaning & Scope Dicey in his work stated that Rule of Law is fundamental to the English legal system and gives the following three meanings to the doctrine: 1, Supremacy of Law ‘a. Rule of law according to Dicey means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. b. It means the exclusion of the existence of arbitrariness on part of the government. c. This in essence means that no man can be arrested, punished or be lawfully made to suffer in body or in goods except by the due process of law and for breach of a law established in the ordinary legal manner before the ordinary courts of the land. 2. Equality before Law a. While explaining this aspect of the doctrine, Dicey stated that there must be equality before the law or equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. Dicey believed that the exemption of civil servants from the jurisdiction of the ordinary courts of law and providing them with the special tribunals was the negation of equality. c. He stated that any encroachments on the jurisdiction of the courts and any restriction on the subject's unimpeded access to them are bound to jeopardise his rights. 3. Judge-made Constitution a. Dicey observed that in many countries rights such as the right to personal liberty, freedom from arrest, freedom to hold public meetings, etc, are guaranteed by a written Constitution; in England, it is not so. In England, those rights are the result of judicial decisions in concrete cases that have actually arisen between the parties. Thus he emphasized the role of the courts of law as guarantors of liberty and suggested that the rights would be secured more adequately if they were enforceable in the courts of law than by mere declaration of those rights in a document. @ scanned with OKEN Scannerre I p Rule of Law and Indian Constitution The Preamble of the Constitution Itself prescribes the Ideas of Juntice, Liberty and Equality, These concepts are further ‘onunclated In Part IH of the Conatitution and are made enforceable. All three branches of the government are subordinate Le. the Judiciary, Legislature: and the Executive are not only subordinate to the Constitution but ‘are bound to act according to the provisions ‘of tho Constitution, The doctrine of judicial roview is embodied in the Constitution and the subjects can ‘approach the High Court and the Supreme Court for the enforcomont of fundamental rights, If the Executive or the government abuses the power vested In It or If the action is mala fide, the same can bo quashed by the ordinary courts of law. The Supreme Court of India in Chiof Settlement Commisstonor Punjab v. Om Prakash observed that in our constitutional system, tho contral ‘and most charactoristic feature Is the concept of the rule of law which means, In the prosent contoxt, the authority of the law courts to test all administrative action by the standard of legality. The Court added that the doctrine of rule of law rojects the conception of the dual state In which government action is paced in a privileged position of immunity from control by law. Exceptions to Rule of Law Some exceptions to the concept of the rule of law are discussed below. + ‘Equality of Law’ does not mean that the powers of private citizens are the sane cline powers of public officials. e.g. a police officer has the power to arrest Which the private citizen does not have. «The rule of law does not prevent certain classes of persons from being subject to special rules, for example, the armed forces are governed by military laws. «Ministers and other executive bodies are given wide discretionary powers: by the statute. + Certain members of the society are governed by special rules in their professions like lawyers, doctors and nurses. Conclusion The founding fathers of India accomplished what the rest of the worl - establish a country that would follow the letter of the law and Prpeton the Pulsiot Law. In all matters such as the protection of the rights of the people, equal treatment Peed crane eachanares a) ea arbitrariness, the Constitution of India has vid ist to ensure that the Rule of Law Is followed. Thi jh decisions, the Courts have strived to reinforce these mechani aigenoom justice delivery to all citizens. Problems such as Dae cee cours are but small hindrances and bodies such oe te Cat bana Stine aon ita out these problems with the aim of achieving a system where th aa fo the smooth operation of the Rule of Law. eae @ scanned with OKEN Scanner