TOPIC: Natural Justice and

its application under

administrative law
PRINCIPLES OF NATURAL
JUSTICE
 Audi alteram partem is a  Nemo judex in causa
Latin phrase meaning
"listen to the other
side", or "let the other
side be heard as well". It
is the principle that no
person should be judged
without a fair hearing in
which each party is
given the opportunity to
respond to the evidence
against them.
Audi alterm patrem
sua (or nemo judex in sua
causa) is a Latin phrase
that means, literally, "no-
one is judge in his own
cause." It is a principle of
natural justice that no
person can judge a case in
which they have an
interest. ... This principle
may also be called: nemo
judex idoneus in
propria causa est.
Nemo judex in sua causa
INTRODUCTION
 Natural justice or procedural fairness is a
legal philosophy used in some jurisdictions in
the determination of just, or fair, processes
in legal proceedings,
 Natural justice operates on the principles
that man is basically good and therefore a
person of good intent should not be harmed,
and one should treat others as one would like
to be treated
REASON FOR GROWTH OF
 The main reasons for  According to Roman law
the growth and certain basic legal
development of principles were required
by nature, or so obvious
administrative laws
that they should be
has been the applied universally
expansion of without needing to be
administrative enacted into law by a
apparatus, functions legislator.
and powers of the  This was a seedbed for
government. the growth of natural
justice.
Administrative law Natural justice
 COMMON LAW RULES IN NATURAL JUSTICE
 (1)That a decision should be free from bias: Considerable care
is required to be taken to avoid accusations of bias.
 (2)That a decision maker give persons entitled to make
submissions, an opportunity to be heard (i.e. the Hearing
Rule):The right to be heard requires decision makers to inform an
applicant and any submitter of all information relevant to the
proposed decision.
 (3)Natural justice - the right to procedural fairness: the
applicant or submitter must be given a proper opportunity to
present their case before a decision is made. This may include
allowing them to access information so as to enable them to
prepare their submissions, give sufficient time to prepare and
deliver their submissions, etc.
APPLICATION OF NATUAL JUSTICE
UNDER ADMINISTRATIE LAW
a) In the regulation of
a) Disciplinary Action
Trade and Commerce
 Against students
b)Licensing-
 Against employees of
b)In the taking over of
management of an Public Authorities.
undertaking.  Against Government
d)Miscellaneous Situations servants
 Powers of search and  Against Pensioners
seizure
 Government Contracts

 Blacklisting

General instances Specific instances

INSTANCES OF NON APPLICATION OF
NATURAL JUSTICE IN ADMINISTRATIVE
LAW

Grounds for exclusion

 Legislative Action
 Statutory exclusion of natural justice
 Prompt Action
 Selection of Candidates
 Suspension of employees
RELEVANT CASES
 Andhra Scientific Co vs Seshgiri, AIR 1967 SC 408:
Supreme Court or High Court will interfere into
administrative actions where the tribunal violates
the Principles of Natural Justice.
 In Hindustan Petroleum Corporation vs. HL
Trehan, the Supreme Court held that when an
authority has statutory power to take action
without hearing, it would be arbitrary to take
action without hearing and thus violation of Article
14 of the Constitution.
THANK YOU