 LEGAL MAXIMS RELATED TO NATURAL JUSTICE

The principles of natural justice are those which have been laid out by the Courts as being the
minimum protection of the rights of an individual against the arbitrary procedure that may be
adopted by a judicial, quasi-judicial and administrative authority while making an order affecting
those rights.

In India, the principles of natural justice are firmly grounded in Article 14 and 21 of the
Constitution. The principles of natural justice have their roots in two Latin maxims “Audi
alteram partem” and “nemo judex in causa sua”. The first maxim means that a reasonable
opportunity of hearing which is sine qua non and imperative for the statutory authority to afford
before passing the order or decision and the second maxim means that no-one should be a judge
in their own cause. It is a principle of natural justice that no person can judge a case in which
they have an interest. The rule is very strictly applied to any appearance of a possible bias, even
if there is actually none: “Justice must not only be done, but must be seen to be done”. When
justice is not meted out for the assesses, they approach the High Court without exhausting the
remedy of appeal. It is trite law that if the order passed by the original authority is in violation of
the fundamental rights guaranteed under the Constitution of India; violation of the principles of
natural justice; ultra-vires the provisions of the relevant law; grave error in the order and
miscarriage of justice, then the question of waiving the appellate remedy will arise and the Court,
under Article 226 and 227 of the Constitution of India, can invoke the Writ jurisdiction and
interfere with such order passed by the original authority. In Ashok Kumar Yadav Vs State of
Haryana (1985 SCR Supl (1) 657) The Apex Court held “It is one of the fundamental principles
of jurisprudence that no man can be a judge in his own cause and that if there is a reasonable
likelihood of bias it is „in accordance with natural justice and common sense that the justice
likely to be so biased should be incapacitated from sitting”. The basic principle underlying this
rule is that justice must not only be done but must also appear to be done and this rule has
received wide recognition in several decisions of the Supreme Court.

For: ABHISHEK,AYUSH,CHITRAGUPTA,ALOK,SANJEEV,DIVYA