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11.10.12 Ajay Singh Material SG Meeting Legal - Maxim PDF
11.10.12 Ajay Singh Material SG Meeting Legal - Maxim PDF
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LEGAL MAXIM:
AUDI ALTERAM PARTEM & NEMO JUDEX IN RE SUA: DOCTRINE
OF NATURAL JUSTICE:
Ajay R. Singh, Advocate.
Natural justice is an important concept in administrative law. The
doctrine of natural justice seeks not only to secure justice but also to
prevent miscarriage of justice’. The norms of natural justice are based
on two ideas:
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thereof does not fully meet the requirement of principles of natural
justice and therefore, it can be sustained.
Rastra Sahayak Vidyalaya Samiti v. CCIT (2012) 246 CTR 154
(Raj.)(High Court)
Article 14, 19, 21 of the Indian Constitution lay down the cornerstone
of natural justice in India. In the case of E P Royappa v. State of
Tamilnadu, the apex court held that a properly expressed and
authenticated order can be challenged on the ground that condition
precedent to the making of order has not been fulfilled or the principles
of natural justice have not been observed. In another landmark case of
Maneka Gandhi v. Union of India (1978) 1 SCC 248, the apex court
held that law which allows any administrative authority to take a decision
affecting the rights of the people, without assigning the reason for such
action, cannot be accepted as a procedure, which is just, fair and
reasonable, hence violative of Articles 14 and 21.
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Natural justice is a branch of public law. It is a formidable weapon which
can be wielded to secure justice to citizens. Rules of natural justice are
`basic values’ which a man has cherished throughout the ages.
Principles of natural justice control all actions of public authorities by
applying rules relating to reasonableness, good faith and justice, equity
and good conscience. Natural justice are indeed great assurances of
justice and fairness. The underlying object of rules of natural justice is to
ensure fundamental liberties and rights of subjects. They thus serve
public interest. The golden rule which stands firmly established is that
the doctrine of natural justice is not only to secure justice but to prevent
miscarriage of justice. Justice P.D. Dinakaran vs. Hon’ble Judges
Inquiry Committee AIR 2011 SC 3711
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the matter of proceedings, through the Civil Procedure Code and the
criminal courts, by the Criminal Procedure Code as well as the Evidence
Act. But the adjudicatory bodies functioning outside the purview of the
regular court hierarchy are not subject to a uniform statute governing
their proceedings.
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hearing. If the notice is a statutory requirement, then it must be
given in a manner provided by law. Thus notice is the starting point
in the hearing. Unless a person knows about the subjects and
issues involved in the case, he cannot be in the position to defend
himself. This unwritten right of hearing is fundamental to a just
decision by any authority which decides a controversial issue
affecting the rights of the rival contestants. This right has its roots
in the notion of fair procedure. It draws the attention for the party
concerned to the imperative necessity of not overlooking the other
side of the case before coming to its decision, for nothing is more
likely to conduce to just and right decision than the practice of
giving hearing to the affected parties. Darshanlal Nagpal vs.
Govt. (NCT of Delhi) (2012) 2 SCC 327. As per GKN Driveshafts
(India) Ltd v.ITO(2003 )259 ITR 19 (SC) and the rules of natural
justice, the AO is bound to furnish reasons within a reasonable
time so that the assessee could file objections against the same.
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department. A person may be allowed to inspect the file and take
notes.
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5. Right to counsel. For some time the thinking had been that the
Counsel should be kept away from the administrative adjudication,
as it saves time and expense. But the right to be heard would be of
little avail if the counsel were not allowed to appear, as everyone is
not articulate enough to present his case.
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II. RULE AGAINST BIAS (NEMO JUDEX CAUSA SUA):
Bias means an operative prejudice, whether conscious or
unconscious in relation to a party or issue. The rule against bias
flows from following two principles: -
The Principle is not confined merely to the case where the Judge
is an actual party to a cause, but applies to a cause in which he
has an interest. An “Interest”, has been defined as a legal interest
or a pecuniary interest and is to be distinguished from “favour”.
Such an interest will disqualify a Judge. The interest (or bias)
which disqualifies must be one in the matter to be litigated. Thus a
judge should not only be impartial but should be in a position to
apply his mind objectively to the dispute before him.
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Bias can take many forms: -
Personal Bias
Pecuniary Bias
Subject-matter bias
Departmental bias
CONCLUSION
The natural justice forms the cornerstone of every civilized legal
system. It is not found in the codified statutes. But it is inherent in
the nature. Being uncodified, the natural justice does not have a
uniform definition. However, it lays down the minimum standard
that an administrative agency has to follow in its procedure. Even
God never denied the natural justice to the human beings. So the
human laws also need to be in conformity with the rules of natural
justice. Every Administrative order which involves civil
consequences must follow the rules of Natural Justice.
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