Wednesday, 21 February 2018

What is Natural Justice? And Principles of Natural Justice

 Concept: Natural justice is a principle that intended to ensure law with fairness and to secure justice.
The words ‘natural justice’ is derived from the Roman word ‘Jus Naturale’, which means principles of natural law, justice, equity, and good conscience.
Principles of natural justice
The two basic principles of natural justice are
Nemo judex in causa sua.
Audi alteram partem.

Nemo judex in causa sua.

1. No one should be made a judge in his own cause or
2. Rule against Bias.
Nobody shall be a judge in his own cause or in a cause in which he is interested. This principle is more popularly known as the Doctrine of Bias.
That is the authority sitting in judgment should be impartial and act without bias. To make confidence in the system, justice should not merely be done but seen to be done.
Rule against Bias
     Bias: Operative prejudice in relation to party or issue.
           Bias manifests variously and may affect the decision in a variety of way. 
1. Pecuniary bias:
    The decision of adjudicator would be affected if he is having the pecuniary interest in the subject matter of the proceedings. The probability of bias is sufficient to invalidate the right to sit in judgment and there is no need to have the proof of actual bias.
2. Personal bias:
Personal bias may arise out of friendship, relationship, professional grievance or even enmity.
3. Official  bias:
 Official bias may arise in cases where an administrator who enunciates and then has to carry out an official policy, is entrusted with the duty of hearing objections from the concerned persons as to the implementation of the policy.

Audi alteram partem

The rule of fair hearing or in the words, no one should be condemned unheard.
    When the historic document was made at Runnymede in 1215, the first statutory recognition of this principle found its way into the ―Magna Carta. In the case of Cooper v. Wandsworth Board of Works (1863), the principle was thus stated:-
“Even God did not pass a sentence upon Adam before he was called upon to make his defense. “Adam,” says God, “where art thou?
Hast thou not eaten of the tree whereof I commanded thee that thou shouldest not eat”.
Requisites of fair hearing
o Notice
o Right to make representation
o Right to present case and evidence
o Right to rebut evidence
o Right to cross-examination
o Report of the inquiry must be shown to the other party.
o Reasoned decision or speaking order.

      Exclusion of application of the rules of Natural Justice
•Application of the principles of natural justice can be excluded in the following cases.
–Emergency.
–Confidentiality.
–Routine matters.
–Impracticability.
–Interim preventive action.
–Legislative action.
–No right of the person is infringed.


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