Principle Of Natural Justice

Introduction

1) Principle of natural justice is an expression of English common law having origin in Jus Natural ( Law of Nature).

2) Principle of natural justice involves procedural requirement of fairness.

3) In England these principles of natural justice initially applied on court but later on it was project from judiciary to administrative sphere.

4) It is the justice which is very simple and elementary and also fair in action.

5) Principle of natural justice is that rules which prevent authorities to commit the offence of contempt of justice.

6) It aim to provide justice and prevent from spreading injustice in society.

7) Principle of natural justice is universal concept which is introduced in India as well as.

8) Justice on other words mean fairness, equality and justice to everyone.

9) Principle of natural justice is collection of basic human rights of individuals which bring justice to both the parties.

Case Law

Maneka Gandhi vs Union of India AIR 1979

In this case it was held that principle of natural justice is humanist theory which impose fairness in law. If any decision violated that principles of natural justice then it became void or illegal and become quashed.

There are basically two important principles of natural justice which are-

1) Nemo Judex In Causa sua
2) Audi Alteram Partem

Nemo Judex in Causa sua (Doctrine of Bias/ Rule of Bias) –

No man shall be judge in his own cause and no man can act as both at one at same time. The suitor or party or judge or deciding authority must be impartial and without bias.

Case Law
Ridge vs Baldwin AIR 1963

In this case it was held that one of the basic principles of natural justice is the right to be heard by unbiased tribunal. Because if justice is given without impartial then it become void and not fair to other side party. The deciding authority must be impartial.

There are three types of bias

1) Personal Bias
2) Pecuniary Bias
3) Subject matter Bias

1) Personal Bias-

It means when judge who give judgement is the friend or relative or business partner of one party whose case was Institute and if judge has his own enmity or greviance to that party in such cases the judge become partial and biased.

Case Law

Cottle vs Cottle AIR (1939)

In this case it was held that the chairman of bench was the friend of wife family who institute the matrimonial proceedings against her husband. His wife also told to husband that the judge give decision in his favour. In Such situation the divisional court order rehearing.

2) Pecuniary Bias –

It means when judge have pecuniary interest in one party and then become partial and biased to other party while giving the decision or judgement.

Case Law

Jeejeebhoy vs Collector AIR 1965

In this case it was held that the cheif justice asked for reconstitute the bench because one of the member of bench was also the member of cooperative society for which the land was acquired.

3) Subject matter Bias –

It means firstly there is dispute between the parties and there is subject matter that is property or anything and in that subject matter the judge who give decision or judgement have also interest thats why he become partial and biased to other party.

Case Law

Murlidhar vs Kadam Singh AIR 1954

In this case it was held that the court refuses to quash the decision of election tribunal on the ground that the wife of chairman was member of congress party for which whose member the petitioner was defeated.

Second Principle of Natural justice is Audi Alteram Partem

Audi Alteram Partem – It is the latin phrase which means to heard other side also. Here the other side or both the side must be heard and no man should be condemed unheard. And also there must be fairness and impartial on part of deciding authorities.

If the judge or deciding authority who has power to give judgement or decide the question of law violate and not follow the principles of natural justice then in such case their judgement will be declared invalid or void or become quashed.

Principle of natural justice in India

1) Principle of natural justice means equality, fairness and justice to everyone.

2) In India supreme court applied these principles of natural justice in number of constitutional cases and on deal with many important articles of Indian Constitution like Article 14, 19, 21, 111 and so many articles.

3) Supreme Court also held that if state want to punish the citizen then the court must send the accused a legal notice and give them appropriate time period for appointment of advocate and then getting the opportunity to defend himself from the allegations of suitor party who filed case against them and also it is duty of judge and deciding authorities to grant fair legal proceedings to accused not being impartial and biased.

4) Another there is two more important principles of Natural justice which is followed in india which is freedom and dignity of individuals. Freedom of individuals is very essential and if there freedom violate or harm then it is same as violate the principles of natural justice.

5) Our Indian judiciary also very much obliged and always tried that the violation of these principles of natural justice will be totally prohibited and taking a strict action if there is any violation or harm to these principles because these principles are like the supreme part as constitution and it is duty of courts or judiciary to maintain its dignity.

6) Principle of natural justice must be obeyed and respected by every citizen of India to establish the principles of rule of law. If any citizen violate that rules then there is a prescribed punishment in our various statutes and if any deciding authorities violate them then there is strict action will be taken and there judgement and decision will be declared void or invalid and quashed.

Author: Mohak Jain,
Ideal Institute of Management and Technology Karkardooma 2nd year Law student