Natural Justice

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.

Writ Petetions

What Is A Writ?

A writ is a formal written order issued by Apex or Higher courts with more power. It is given to a court with a lower jurisdiction or public office or govt/semi-govt institutions or to an individual if any citizen’s fundamental rights are violated. A writ may be issued by the Indian Supreme Court in accordance with Article 32 of the Indian Constitution. The High Court also has this authority under Article 226. 

Lets understand the basic differences between Article 32 and Article 226 of the Indian Constitution.

Why Writ Is Required?

A writ petition is typically filed when someone’s fundamental rights have been violated or they have been the victim of injustice. For the following reasons, it is essentially a corrective measure provided by the constitution against the nation’s body responsible for maintaining law and order:

To assist people in defending their rights against judicial orders

The legal system’s authorized higher authorities do not object to providing an alternative to the harmed in the event of an accusation to guarantee that justice is administered and not obstructed.

In simple terms, enforcement of the Article 32 and 226 is done with the help of five prerogative Writs .

The following outlines the type of Writs, the steps to be taken, and the requirements that the petitioner must meet in the event that any fundamental rights have been violated.

1. Writ of Habeas Corpus:

You should have the body. 

Purpose: Release the person from illegal detention, Challenge the legality of detention.

Scope: 

• It is in the nature of an order calling upon the person who has detained another to produce the latter before the court 
• To know on what ground he has been detained 
• To set him free if there is no legal justification for the imprisonment 

Landmark Cases:

• Kanu Sanyal v. District Magistrate

the court may examine the legality of the detention without requiring the person detained to be produced before it 

• Sheela Barse v. State of Maharashtra

if the detained person is unable to pray for the writ of habeas corpus, someone else may pray for such writ on his behalf. 

• Nilabati Behera v. State of Orissa

The petitioner was awarded compensation of Rs. 1, 50, 000. 

2. Writ of Mandamus 

It is a courts order of commanding an inferior court or public authority to perform an official duty correctly

The Writ can granted against a public authority if :

• Acted against the law
• Exceeded his limits of power
• Acted with malafides 
• Did not apply his mind
• Abused his discretionary powers
• Did not take into account relevant consideration 
• Has taken into account irrelevant consideration 

Landmark cases:

• Hemendra v Gauhati University : 

Mandamus was issued to direct a University to announce that the petitioner has passed where, University had refused so to declare though the petitioner had obtained the pass marks required by the statutory rules of the University. 

• Barada Kanta v State of West Bengal : 

Writ of Mandamus cannot be issued against an individual person or any private organization because they are not entrusted with a public duty. 

3. Writ of Certiorari 

It means “To be Certified” Both preventive and curative. 

Issued by SC and HC’s for quashing the order of any inferior court, tribunal or Quasi- Judicial body. 

Propositions laid in issuing this writ by the High Court in Hari Vishnu Kamath Vs. Ahmad Ishaque 1955-I S 1104 : ((s) AIR 1955 SC 233) 

It is issued to correct the errors of Jurisdiction. 

When court or tribunal acts illegal in its jurisdiction. 

Order against principles of natural justice. 

Court acts in exercise of its supervisory and not appellate Jurisdiction. 

An error in the decision or determination itself may also be amenable to a writ of Certiorari. 

Landmark cases

Nagendra Nath Bora & Anr. Vs. Commissioner of Hills Division and Appeals, Assam & Ors., (1958) SCR 1240, the parameters for the exercise of jurisdiction. 

1. Check whether inferior court has exceeded its jurisdiction. 

2. Mere formal and technical errors doesn’t attract this. 

4. Writ of Quo-Warranto 

It means “what is your authority”. 

Issued to restrain a person from holding a public office. 

Conditions: 

Public office created by a statue 

Person to be appointed by a statue or statutory instrument. 

Illustrations: 

a) Subramanian Swamy petition against Jayalalitha in 2001. Two PIL’s against her appointment. 

b) Manohar Reddy vs Union of India: two advocates filed a petition quashing the appointment of a Judge of a HC of AP and a writ is in the nature of Mandamus commanding the Bar Council of AP to cancel the enrollment as an advocate N V Ramana. 

5. Writ of Prohibition 

Purpose:

It is to forbid or to stop called as “Stay Order”

Issued in cases where is excess of Jurisdiction and where there is absence of Jurisdiction. 

When the proceedings are pending in the court. 

Issued by both SC and HC’s to any inferior court or Quasi- Judicial Body but not against legislative or administrative body