INTRODUCTION

The principle of natural justice is a fundamental concept in the administration of justice and is rooted in the idea that everyone should have the opportunity to be heard and to receive a fair and impartial hearing. The two key components of natural justice are the rules of audi alteram partem (the right to be heard) and nemo judex in causa sua (no one should be a judge in their own case). These principles are considered to be essential for ensuring that justice is done in any legal or administrative proceeding.

PRINCIPLE OF NATURAL JUSTICE

“Natural justice is derived from the Roman law term ‘Jus Natural,’ and it is closely related to common law and moral principles, but it is not codified. It is a natural law that is unrelated to any statute or constitution. The principle of natural justice is held in high regard by all citizens of civilised states. When industrial areas were ruled by a harsh and rigid law to hire and fire, the Supreme Court gave its command with the passage of time and the establishment of social, justice, and economic statutory protection for workers.

Natural justice simply refers to the process of making a sound and reasonable decision on a specific issue. It doesn’t always matter what is the reasonable decision; what matters is the procedure and who is involved in making the reasonable decision. It is not limited to the concept of ‘fairness;’ it has various colours and shades that vary depending on the context.

Natural Justice is of 3 types: Hearing Rule, Bias Rule and Reasoned Decision.”

RULES OF NATURAL JUSTICE

Natural Justice has 3 basic rules: Nemo Judex in Causa Sua, Audi Alteram Partem and Reasoned Decision.

AUDI ALTERAM PARTEM

“The principle of audi alteram partem requires that anyone who may be affected by a decision must be given the opportunity to be heard and to present their case.” This means that they must be given notice of the proceedings and be allowed to participate in the hearing, either in person or through representation. This right is considered to be of such importance that it is included in many national constitutions and international human rights treaties.

NEMO JUDEX IN CAUSA SUA

The principle of nemo judex in causa sua states that no one should be a judge in their own case. This means that those who are responsible for making decisions must be impartial and unbiased and must not have a personal interest in the outcome of the proceedings. This principle is essential to ensure that the decision-maker is not influenced by personal motivations or prejudices and that the decision is based solely on the evidence presented.

Types of Bias:

1. “Personal Bias.
2. Pecuniary Bias.
3. Subject matter Bias.
4. Departmental Bias.
5. Policy notion Bias.
6. Bias on the account of obstinacy.”

REASONED DECISION

Essentially, it is based on three grounds:

• The aggrieved party has the opportunity to demonstrate to the appellate and revisional courts what caused the authority to reject it.
• “It is an acceptable part of the party against whom the decision is made.
• The duty to record reasons acts as a deterrent to arbitrary action by the executive authority’s judicial power.”

IMPORTANCE OF THE PRINCIPLE OF NATURAL JUSTICE

The principles of natural justice are not only important in the administration of justice, but also in administrative and regulatory decision-making. Administrative bodies, such as regulatory agencies and tribunals, are required to follow the principles of natural justice when making decisions that may affect individuals or organizations. This includes giving parties an opportunity to be heard and providing an impartial and unbiased decision-maker.

CONCLUSION

In conclusion, the principles of natural justice are fundamental to ensuring that justice is done in any legal or administrative proceeding. These principles ensure that everyone has the right to be heard and receive a fair and impartial hearing, and that decision-makers are impartial and unbiased. The importance of these principles is reflected in the fact that they are included in many national constitutions and international human rights treaties. Failure to adhere to these principles can result in decisions being overturned and the integrity of the decision-making process being called into question.

REFERENCE

• Blog IPleaders
• Legal Service India

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