Discuss the various exceptions to the principle of ‘Natural Justice’ with the help of decided cases.

Introduction: Though the rules of natural justice, namely, nemo judex in causa sua and audi alteram
partem, have now a definite meaning and connotation in law, and their content and implications are
well-understood and firmly established, they are nonetheless not statutory rules. Each of these rules
yields to and changes with the exigencies of different situations. They do not apply in the same
manner to situations which are not alike. These rules are not cast in a rigid mould nor can they be
put in a legal strait-jacket. They are not immutable but flexible. These rules can be adopted and
modified by statutes and statutory rules and also by the constitution of the tribunal which has to
decide a particular matter and the rules by which such tribunal is governed. There are, however,
situations which demand the exclusion of the rules of natural justice by reason of diverse factors like
time, place, the apprehended danger and so on.

Circumstances

In the following cases, the principles of natural justice may be excluded:

1. Where a statute either expressly or by necessary implication excludes application of natural

justice;

2. Where the action is legislative in character, plenary or subordinate;

3. Where the doctrine of necessity applies;

4. Where the facts are admitted or undisputed;

5. Where the inquiry is of a confidential nature;

6. Where preventive action is to be taken;

7. Where prompt and urgent action is necessary;

8. Where nothing unfair can be inferred by non-observance of natural justice.

Conclusion: One thing should be noted. Inference of exclusion of natural justice should not be
readily made unless it is irresistible, since the courts act on presumption that the legislature intends
to observe the principles of natural justice and those principles do not supplant but supplement the
law of the land. Therefore, all statutory provisions must be read, interpreted and applied so as to be
consistent with the principles of natural justice