Principle of Natural Justice

Principles of Natural Justice: The principles of Natural justice are for ensuring equity in the economic undertakings for society and people and it defends individual liberty which is against arbitrary action. The idea of natural justice is not present in the Indian constitution but is considered to be an important element of mandatory management of justice. It originates from “jus natural” and refers to the established differences between right and wrong.

Read below this article to learn about what Principles of Natural Justice: Law of Nature and other interesting facts about it.

Principle of Natural Justice

Overview of Principles of Natural Justice: Law of Nature

Natural’ justice is not simply the justice set up in nature. It is actually a set of ideas naturally connected with justice, irrespective of whether these ideas are part of the law or not. Natural justice has administrative discretion. It aims to prevent any form of mischief or unfairness towards the resident with the management authorities.

Principle	Description	Key Points
Nemo judex in causa sua	No one should be a judge in their own case.	This principle prevents bias and ensures fairness by requiring a neutral and impartial decision-maker.
Audi alteram partem	Hear the other side.	This principle ensures procedural fairness by granting all parties the right to be heard, present their case, and respond to the opposing arguments.
Speaking orders/Reasoned decisions	Provide clear and reasoned decisions.	This principle requires decision-makers to explain the rationale behind their decisions, allowing for transparency and accountability.

Principles of Natural Justice: Law of Nature

Principles of natural justice in India are the set of regulations made by the courts that provide the least protection of the person’s rights against the arbitrary policies that judicial and quasi-judicial principles of natural justice in administrative law may adopt while making an order working on those rights.

The following norms of natural justice have been put forth by the Committee on Minister’s Power, or the Frank Committee:

1. No one shall determine his or her 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

Even though there is no mention of the expression ‘Natural Justice’ anywhere in the Indian Constitution, But there are some parts of the Constitution that convey the idea of natural justice in the following ways:

1. Preamble: ‘Social, Economic, and Political’ justice, liberty of belief, thought, and worship, and equality of opportunity and status
2. Article 14: Equal protection of the law for all citizens of India and equality before the law
3. Article 21: Right to liberty and life
4. Article 22: Provision of a fair hearing for an arrested person
5. Article 39-A: Free legal services for disabled and indignant people
6. Article 311: Constitutional protection for civil servants
7. Articles 32, 136, and 226: Constitutional Solutions for Violations of Fundamental Rights

Two Principles of Natural Justice

There are mainly two principles of natural justice, which are:

1. ‘Nemo judex in causa sua: No one should be made a judge for his own cause, and the rule against bias.
2. ‘Audi alteram partem’ means hearing the other party, or no one can be condemned without being heard.

Rule Against Bias or Nemo Judex in Causa Sua

“No one should be a judge in his own case,” since it refers to the rule of bias. Bias means an act that leads to an unfair job, whether in an unconscious or conscious phase about a specific case or the party. Hence, this rule reinforces a judge to be imparted and ensures that the judgment delivered is solely based on the evidence available for a case.

Nemo Judex Causa sua means rule against bias, which is the first principle of natural justice that states no individual can be a judge in his or her own case, or the deciding power must be neutral and impartial when examining a case.

Types of Bias

(a) Personal bias is derived from a relationship between a deciding authority and the party. The deciding administration may be put in a fix to undertake an unfair act and deliver judgment in a person’s favor.

(b) Pecuniary bias happens in a case of financial interest on the part of the judicial body, notwithstanding the amount, which will lead to biases for the administrative authority.

(c) Subject Matter Bias happens when the deciding administration falls under the subject matter of a specific case, directly or indirectly.

(d) Policy Notion Bias happens when issues emerging from a preconceived policy notion take place. The mob in a courtroom does not anticipate judges to deliver a fair judgment and trial on a clean sheet of paper.

Other biases are:

1. Preconceived Notion Bias
2. Departmental bias or institutional bias
3. Bias on account of the obstinacy

Audi Alteram Partem (Rule of Fair Hearing)

These three Latin words simply mean that a person can receive punishment or conviction without having a civil and fair chance of being heard. Simply put, it means that both parties must have a chance to express their opinion, and a fair trial should be held by the authorities accordingly. This is an essential rule of natural justice, as it prevents the authorities from giving any individual a punishment without a sound and valid ground.

A person should get prior notice so that he or she knows about all the charges against him or her in advance and can prepare accordingly. This is also known as a rule of fair hearing, whose constituents do not remain fixed and differ based on the authorities and cases.

Conclusion

Natural justice implies fairness, being reasonable, and having equality. These are procedural principles that every administrative authority must follow when taking a decision that might adversely affect the rights of a private individual. The principle of natural justice has been followed and adopted to protect public rights against random, arbitrary decisions taken by administrative authorities. Therefore, an individual can clearly see that the rule of natural justice comprises concepts like fairness and honesty; by staying alive, they help to safeguard fair dealing.

FAQs: Principles of Natural Justice: Law of Nature

Define ‘Natural Justice’.

Natural justice aims to ensure equity in the economic undertakings of society and people. It also defends individual liberty against any arbitrary action.

What are the effects of the failure of natural justice?

The effect of a breach of natural justice means that when an authority is required to state the principle of natural justice in passing an order but fails to do so, the general judicial decision is that the order is void.

What is the ‘hearing rule’?

A hearing rule means a judgment maker is needed who can provide an individual with an opportunity to be heard before making a decision affecting their interests.

Does the Constitution of India talk about the concept of ‘natural justice’?

Even though there is no mention of the expression ‘Natural Justice’ anywhere in the Indian Constitution, But there are some parts of the Constitution that convey the idea of natural justice in the following ways: 1. Preamble: ‘Social, Economic, and Political’ Justice, Liberty of Belief, Thought, and Worship, and Equality of Opportunity and Status

2. Article 14: Equal protection of the law for all citizens of India and equality before the law

3. Article 21: Right to liberty and life

4. Article 22: Provision of a fair hearing for an arrested person

5. Article 39-A: Free legal services for disabled and indignant people

6. Article 311: Constitutional protection for civil servants

Define the term ‘Audi Alteram Partem’?

Audi Alteram Partem are three Latin words that mean that a person can receive punishment or conviction without having a civil and fair chance of being heard. Simply put, it means that both parties must have a chance to express their opinion, and a fair trial should be held by the authorities accordingly. This is an essential rule of natural justice, as it prevents the authorities from giving any individual a punishment without a sound and valid ground. A person should get prior notice so that he or she knows about all the charges against him or her in advance and can prepare accordingly. This is also known as the rule of fair hearing, whose constituents do not remain fixed and differ based on the authorities and cases.