NATURAL JUSTICE

• Natural Justice is an important concept in Administrative law.

• It is also known as Substantial Justice, fundamental justice, universal justice or fair play in action.

• Natural justice is a great humanizing principle intended to invest law with fairness, to secure justice and to prevent miscarriage of justice.

PRINCIPLES OF NATURAL JUSTICE• The principles of natural justice or fundamental rules of

procedure for administrative action are neither fixed nor prescribed in any code.

• In Union of India vs. P.K Roy ,it was held that the extent and application of the doctrine of natural justice cannot be imprisoned with in the straight jacket of a rigid formula.

• Elementary things to be observed are,• first the person who is arrayed as accused must be informed

of the accusation made. • Secondly, he should be given an opportunity to state his case;• thirdly adjudicating authority should act in good faith.

English law recognizes two principles of natural justice

• Nemo debet esse judex in propia causa: No man shall be judge in his own cause or the deciding authority must be impartial and with out bias.

• Audi alteram partem: Both the sides must be

heard or no man shall be condemned unheard or that there must be fairness on the part of deciding authority.

First principle: Bias or interest

• The first principle of natural justice is based on three maxims. • No man shall be a judge in his own cause

• Justice should not only be done but manifestly and undoubtedly be done

• Judges like casear’s wife should be above suspicion.

Second principle: Audi alteram partem

• Audi alteram partem means hear the other side or no man shall be condemned unheard or both sides must be heard before passing any order. This maxim includes two elements. Notice and hearing

• Notice: means information to another party of the proposed proceedings and seeking his explanation. If a person is not served notice, then it is a violation of principles of natural justice and void ab initio.

• Hearing : The person concerned must be given an opportunity of being

heard before any adverse action is taken against him.

Third principle: Speaking order

• A speaking order means a order speaking for itself. To put it simply every order must contain reasons in support of it.