NAME – YASHI TANSUKH JAIN

ROLL NO. – 136 DIVISION – C

SUBJECT – ADMINISTRATIVE LAW

An Overview Of Natural Justice In India:

CONCEPT, PRICIPLES AND EXCEPTIONS

CONCEPT OF NATURAL JUSTICE
• Natural justice is a concept of common law which has its origin in ‘Jus
Natural’ which means a law of nature.

• In its layman language natural justice means natural sense of what is

right and wrong and in its technical sense it is synonymous with
fairness.

• The object of natural justice is to secure justice to the citizens and

prevent contempt of justice. Decisions which violate the natural justice
shall stand null and void.

• The underlying object of natural justice is not to secure justice, but also
to prevent miscarriage of justice, thus ensuring that fundamental
liberties and rights of citizens are well protected.

• As observed by the Supreme Court its essence is good conscience in a

given situation, nothing more and nothing less (Union of India v.
Tulsiram Patel, AIR 1985 SC 1416)
Principles Of Natural Justice:

1. NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA

2. AUDI ALTEREM PARTEM

3. SPEAKING ORDER
 NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA

“No one should be a judge in his own case” because it leads to rule of
biases. Bias means an act which leads to unfair activity whether in a
conscious or unconscious stage in relation to the party or a particular case.
Therefore, the necessity of this rule is to make the judge impartial and given
judgment on the basis of evidence recorded as per the case.

PERSONAL BIAS:
Personal bias arises when the judge is a relative or friend, neighbor, business
associate, of one of the parties. It also arises when he has a personal grudge,
enmity, grievance or professional rivalry against one of the parties before
him. In both cases there is a strong likelihood that he would be inclined in
favor of one of the parties or prejudiced against the other.
PECUNIARY BIAS
If the person who judges, has a pecuniary on monetary interest, however
slight, in the subject matter of the dispute, he cannot decide the matter-
even if it can be proved that his decision was not in any way affected by such
interest. As seen earlier, it is not enough that justice is done it should also be
seen to be done. In other words, financial interest, however small
disqualifies a person from adjudicating.

OFFICIAL BIAS
The third kind of bias is official bias or bias as regards the subject matter. A
judge or an adjudicating authority should not have any interest in the
subject matter of the dispute being adjudicated. Of course, a mere general
interest in the matter does not disqualify a person from being a judge in the
matter.

JUDICIAL OBSTINACY
Supreme court has discovered new criteria of biases through the
unreasonable condition. This new category emerged from a case where a
judge of Calcutta High Court upheld his own judgement in appeal. A direct
violation of the rules of bias is done because no judge can sit in appeal
against in his own case.
AUDI ALTEREM PARTEM

Audi Alterem Partem means that both sides must be heard before passing
any order. It signifies that no man can be condemned without a hearing. It is
a fundamental principle of natural justice that before an order is passed
against a person he should be given an opportunity to be heard in the
matter. Practically speaking the maximum covers two things:

1. Giving notice to the affected person; and

2. Giving him a hearing

SPEAKING ORDERS

In addition to the two rules of natural justice, some writers have

added one more common name, that a person who adjudicates
must pass a speaking order, that is, an order which contains reasons
in support thereof. In other words an order must speak for itself.
This third limb of natural justice stipulates that a party to a
proceeding has the right to know, not only the result of an enquiry,
but also the reasons in support of the decision.
 EXCEPTIONS TO THE PRINCIPLES OF
NATURAL JUSTICE
 When statute excludes the application of natural justice- expressly or
impliedly;
 When the action is legislative in nature;
 When the facts are admitted or undisputed;
 When the inquiry is of a confidential nature;
 When the preventive action needs to be taken immediately;
 When prompt and urgent action is necessary in the circumstances of the
case;
 When non-observance of the rules of natural justice has not led to
anything unfair or unjust.