What is Natural Justice?
Natural Justice in simple terms can be defined as the minimum standards or principles which the administrative authorities should follow in deciding matters which have the civil consequences. Natural Justice represents higher procedural principles developed by judges which every administrative agency must follow in taking any decision adversely affecting the rights of a private individual. One of the cardinal principles of the administrative law is that any action which has civil consequences for any person cannot be taken without complying with the Principles of Natural Justice.
The Principles of Natural Justice are firmly grounded under various Articles of the Constitution. There are mainly two principles of Natural Justice –
(a) Rule against Bias & (b) Rule of Fair Hearing.
Concept of Natural Justice
Natural Justice is a concept of Common Law and it is the Common Law which is the counterpart of the American concept of procedural due process. Natural Justice implies – fairness, reasonableness, equity and equality.
The concept of doctrine of Principles of natural Justice and its application in justice delivery system is since the beginning of justice delivery system.
Natural Justice represents higher procedural principles developed by judges which every administrative agency must follow in taking any decision adversely affecting the rights of a private individual.
Natural Justice is an expression of English common law which involves a procedural requirement of fairness. The term Natural Justice signifies basic principles of justice which are made available to everyone litigant during trial.
Historical background & development:
Natural Justice is not a creation of Constitution or mankind; it is originated along with human history and civilization. The Greeks accepted the principle that no one should be condemned unheard. It was first applied in ‘Garden of Eden’ where opportunity to be heard was given to Adam and then he was punished.
Principles of Natural Justice are also found in (a) Arthsastra written by Kautailya; (b) Manusmriti and many different texts as well. Before the beginning of era of Christ, Aristotle spoke about Principles of Natural Justice and called it as universal law.
Legal evolution:
The birth of the Principle of Natural Justice cannot be ascertained in single time frame as it took its shape and necessity during the course human civilization. But, the Principles of Natural Justice through various decisions of courts can easily be ascertained through their application in a given situation may depend on multifarious factor. Hon. Supreme Court many times in its judgement talked about natural justice.
Constitutional provision:
The Principles of Natural Justice are firmly grounded under various Articles of the Constitution. All fairness which is included in the principles of Natural justice can be read into Article 21 of the Constitution.
Article 14 applies not only to discriminatory class legislation but also to arbitrary or discriminatory State action. When a person is deprived of his/her life and personal liberty.
Violation of Natural Justice results in arbitration, therefore, violation of natural Justice is violation of Equality Clause of Article 14. As a result now, the principle of natural justice cannot be wholly disregarded by law because this would violate the fundamental rights guaranteed by Article 14 and 21 of the Constitution.
Norms of Natural Justice:
a. No one should be condemned unheard;
b. No one shall be judge in one’s own case;
c. A party is entitled to know the reasons for the decision;
d. Making available a copy of statutory report.
The application of the principles of natural justice varies from case to case depending upon the factual aspect of the matter.
