PRINCIPLE OF NATURAL JUSTICE 

THEORITICAL OVERVIEW

The term ‘Natural Justice’ has been derived from a Latin term i.e., ‘Jus Naturale’ which basically is associated with the concept of common law and other moral principles; however, it is not codified. It basically implies the procedural requirement of fairness, reasonableness, equity and equality to be maintained in the society.

The principles of natural justice are essential to the legal system and designed to ensure fairness and impartiality in judicial and administrative proceedings. Natural justice principles are simply based on the notion that the decisions shall be impartial and able to provide justice to every person. 

The principles of natural justice do not form their basis from any statute or constitution. These principles include the right to a fair hearing, the rule against bias, and the requirement for the decision-maker to act within their jurisdiction.

The principles of natural justice typically include the right to a fair hearing, the right to be heard, the right to an unbiased decision-maker, the right to have evidence presented, and the right to an appeal. These principles aim to ensure that any decision or action taken by an authority is made based on evidence, reason, and fairness, rather than personal bias or prejudice.

1. Rule against bias-

It is based on the legal maxim nemo in propria causa judex, esse debit which means that no one should be made a judge in his own case. There are different types of biasness such as:-

a) Personal Bias: Biases are involved if there is a relationship between the party and the

deciding authority. In the case named Ramanand Prasad Singh v. UOI4, it was held

that because a member was there in the selection committee and his brother was a

candidate cannot be a ground for quashing the whole selection procedure. For a fair and

reasonable selection, the member of the panel was requested to move out of the room

during the interview of his brother.

b) Pecuniary bias: There shall be no financial benefit involved in judicial body as it will

lead to a pecuniary bias.

c) Subject matter bias: The deciding authority shall not be involved in the subject matter

of the case as it will lead to a bias. In the case of Muralidhar v. Kadam Singh5, the

court did not quash a decision merely on the ground that the chairman’s wife was

member of congress party whom the petitioner defeated.

d) Departmental Bias: Departmental biases should be perused carefully as they are

common in nature and if not checked, will deteriorate the fairness of the judicial system.

2. Rule of fair hearing –

This rule is based on Audi Alteram partem which means, no one should be left unheard. It also includes the right to be noticed. Everyone has the right to present a case and evidence and that evidence should not be taken at the back of the other party.

3. Reasoned order

It is based on the fact that an order should speak for itself. An order must be sufficiently reasoned that it speaks for itself as to why that particular decision has been passed. It can be mandated by the law or the constitution or by the principle of natural justice. These reasons may be mandated by the nature of the functions which an administrative authority exercises. 

RELEVANT SECTIONS/ARTICLES OF THE CONSTITUTION 

• Article 21: Natural justice concepts are strongly rooted in several Articles of the Constitution. With the establishment of the idea of substantive and procedural due process in Article 21 of the Indian Constitution which talks about when a person is deprived of his life and personal liberty. All of the fairness included in natural justice principles may be read into Article 21 of the Indian Constitution. 
• Article 32: Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’. The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’.  
• Article 14: Article 14 of the Indian Constitution applies not just to discriminatory class legislation but also to arbitrary or discriminatory State action. Because a breach of natural justice leads to arbitrariness, a violation of natural justice is a violation of Article 14’s Equality Clause. As a result, the notion of natural justice cannot now be ignored entirely by legislation since doing so would violate the basic rights protected by Articles 14 of the Constitution. 
• Article 136: The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. 
• Article 226: gives High Courts the ability to issue instructions, orders, and writs to any person or authority, including the government. Whereas, Article 227 gives High Courts the power of superintendence over all courts and tribunals in the territory over which they have jurisdiction. 

IMPORTANT CASE LAWS

1. Mukhtar Singh v. State of U.P: In the case of Mukhtar Singh v. State of U.P , the Division Bench of the Court laid down that “The principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi-judicial authority while making an order, affecting those rights… These rules are intended to prevent such authority from doing injustice.”

2. Maneka Gandhi v. Union of India: In the case of Maneka Gandhi v. Union of India “Bhagwati, J., has gone to say that article 14 “ensures fairness” in state action and any procedure which is not “right and just and fair” and is “arbitrary, fanciful or oppressive” will be invalid under that article. To be specific, he has said that a procedure which provides impairment of personal liberty without the observance of the principles of natural justice,” could not be “right and just and fair” and would, therefore, be bad under article 14.” 

3. Thakur Hariprasad v. CIT: In Thakur Hariprasad v.CIT: the High Court held as follows: “The doctrine of natural justice is a facet of fair play in action. No person shall be saddled with a liability without being heard. In administrative law, this doctrine has been extended when a person is made liable in an action without being heard. The principles of natural justice do not supplant the law but merely supplement the law or even humanise it. If a statutory provision can be read consistent with the principles of natural justice, the court could do so, for the Legislature is presumed to intend to act according to the principles of natural justice.”

IMPORTANT LEGAL MAXIMS 

1. AUDI ALTEREM PARTEM: No man shall be condemned unheard.

2. NEMO JUDEX IN CAUSA SUA POTEST: This maxim is known as the rule against bias which basically says that no man should be judge in his own case. This phrase emphasises that a person should be given the opportunity to defend himself. Every civilised society must adhere to this idea. This regulation applies to different phases of the administrative adjudication procedure, beginning with notification and ending with the final decision of tax responsibility.

POINTS TO REMEMBER 

• The principles of natural justice are satisfactorily implemented in Indian society as the people have various remedies available such as the right to appeal. The judiciary is bound to take impartial decisions since they have no prior information or knowledge of the parties or the subject matter of the case. In order to check the irrationality and unbiased decisions of the judiciary, the aggrieved parties have various remedies to avail from.
• The principles of natural justice have been helpful in the overall development of trust in the judicial mechanism of India and encouraged the citizens to brawl for their rights.
• The principles of natural justice are essential elements of a fair and just legal system. These principles require that all individuals are treated fairly, impartially, and without bias or prejudice. The principles include the right to a fair hearing, the right to an unbiased decision-maker, and the right to be heard before any decision is made.
• The application of these principles is critical in ensuring that justice is served and that the rule of law is upheld. They help to prevent abuses of power, protect the rights of individuals, and ensure that legal processes are transparent and accountable.
• Overall, the principles of natural justice play a fundamental role in promoting a fair, equitable, and just society. They are fundamental principles that should be applied universally and upheld at all times, regardless of the circumstances or the individuals involved.