Question

The principles of natural justice are fundamental to the procedures that guarantee fairness throughout any litigation process. Describe these principals and give real life examples of them. These principles are particularly important in public law cases where the sanctions levied on a guilty party could be significant. Describe the possible sanctions which can result in the THREE (3) different areas of public law.

Answer 1

Principle of Natural Justice

Natural Justice principle incorporated in Indian Constitution. The constitution has passed the golden thread of natural justice. The basic motive of principle of natural justice is to ensure fairness in social and economical activities of the people and also shields individual liberty against the arbitrary action. Natural justice encourages equity, fairness and equality. In the concept of common law, natural justice constitute higher procedural principles introduced by the courts. These principles must also followed by every judicial, quasi-judicial and administrative agency. It’s used before taking any decision that may adversely affect the rights of a private individual. To maintain trust of public in the country’s legal system. Therefore, natural justice forms important part of constitution.

(1)  These rules operate in areas not covered by any law. In other words, they do not replace the law but makes addition to the law;

(2) These rules made to secure justice or also to prevent failure in providing justice;

(3) In view of nature of these principle, it’s not possible to set them cast them in a narrow mould or fit them into a straight jacket. Because that would prevent them of their flexibility or adaptability to various situations that may come during the course of the enquiry;

(4) Principle of Natural Justice will depend upon the facts and circumstances of each case;

(5) If a complaint made before the court that some principle of Natural Justice contravened. Then the court has also to see whether the observance of the rule was necessary for a just decision of the case;

(6) The concept of Natural Justice has also undergone a great deal of change in recent years. In the past it was thought that it included just two rules namely

1. no one shall be a judge in his own cause and
2. no decision given against party without affording him a reasonable hearing.
3. quasi-judicial enquiries must held in good faith also without bias and not also arbitrarily or unreasonably.

In the course of years many more subsidiary rules came to added to the rules of natural justice;

(7) In the opinion of the courts, unless the authority concerned was required by the law to act judicially. There was no room for the application of the rules of Natural Justice. The validity of that limitation now questioned;

(8) The purpose of the rules of Natural Justice to prevent failure in providing justice. Then one fails to see why those rules should made inapplicable to administrative enquiries;

(9) Often times it is not easy to draw the line that demarcates administrative enquiries from quasi-judicial enquiries. Enquiries which are considered administrative at one time are now being considered as quasi-judicial in character;

(10)  Arriving at a just decision is the aim of both quasi-judicial enquiries as well as administrative enquiries. An unjust decision in an administrative enquiry may have more far-reaching effect than a decision in quasi-judicial enquiry.

please give the Good Feedback (Thumbup)