Natural Justice
Natural Justice - Rule Of Fair Hearing
INTRODUCTION.
In India, there is no particular statute, laying down the minimum standard, which the administrative bodies must follow while exercising their decision making powers. There is, therefore, a bewildering variety of administrative procedure. In some cases, the administrative procedure is controlled by the statute under which they exercise their powers1. But in some cases, the administrative agencies are left free to device their own procedure2. But the courts have several times reiterated that the administrative agencies must follow a minimum of fair procedure, while exercising their powers. This fair procedure is called the principles of natural justice.
The principles of natural justice have been developed by the courts, in order to secure fairness in the exercise of the powers by the administrative agencies. The principles of natural justice are the Common Law counterpart of the ‘due process of law’ in the Constitution of the United States. However wide the powers of the state and however extensive discretion they confer, the administrative agencies are always under the obligation to follow a manner that is procedurally fair.
In a case before the United States Supreme Court, a JACKSON J. said: ‘Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied’3.
‘The doctrine of natural justice seeks not only to secure justice but also to prevent miscarriage of justice’4. The norms of natural justice are based on two ideas: 1. audi alteram partem,- the person, who has to be effected by a decision has a right to be heard; and 2. nemo judex in re sua – the authority deciding the matter should be free from bias.
However the applicability of the principles of natural justice depends upon the facts and circumstances of each case5.
In India, the Supreme Court has reiterated that the principles of natural justice are
INTRODUCTION.
In India, there is no particular statute, laying down the minimum standard, which the administrative bodies must follow while exercising their decision making powers. There is, therefore, a bewildering variety of administrative procedure. In some cases, the administrative procedure is controlled by the statute under which they exercise their powers1. But in some cases, the administrative agencies are left free to device their own procedure2. But the courts have several times reiterated that the administrative agencies must follow a minimum of fair procedure, while exercising their powers. This fair procedure is called the principles of natural justice.
The principles of natural justice have been developed by the courts, in order to secure fairness in the exercise of the powers by the administrative agencies. The principles of natural justice are the Common Law counterpart of the ‘due process of law’ in the Constitution of the United States. However wide the powers of the state and however extensive discretion they confer, the administrative agencies are always under the obligation to follow a manner that is procedurally fair.
In a case before the United States Supreme Court, a JACKSON J. said: ‘Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied’3.
‘The doctrine of natural justice seeks not only to secure justice but also to prevent miscarriage of justice’4. The norms of natural justice are based on two ideas: 1. audi alteram partem,- the person, who has to be effected by a decision has a right to be heard; and 2. nemo judex in re sua – the authority deciding the matter should be free from bias.
However the applicability of the principles of natural justice depends upon the facts and circumstances of each case5.
In India, the Supreme Court has reiterated that the principles of natural justice are
Bibliography: Text. 1. Massey, Dr. I P, Administrative Law, 7th ed., 2008, Eastern Book Company, Lucknow. 2. Jain, M P and Jain, S N, Principles of Administrative Law, 5th ed., 2007, Wadhwa and Company, Nagpur. 3. Wade, Sir William, Administrative Law, 1st Indian ed., 2005, Oxford University Press, New Delhi.