Natural Justice Principles
Rule
of Fair hearing
The Rule of Natural
Justice stands for the doctrine of fair hearing. This means that both the
parties should be given the opportunity to be heard. Similarly, the judge which
would be adjudicating the parties should not be a party to dispute. There
should be a ‘notice’ given to the other party about the whereabouts of the
dispute. Equal opportunity should be given to both the parties to be heard.
Hearing
both sides
In America, it is known
as due process. This would give both the parties an equal opportunity to hear.
There should be a fair procedure, natural justice principle, biasness, fair
exercise of the power of the administrative system.
Audi
Alterum partum
This means that both the
parties should be given an option of fair hearing. They should be allowed to
present their views and contentions. No decision can be taken without the
consideration of one of the parties.
Indian context of the natural law
In India, the principle
of Natural Justice under the constitution embodies Article 311 i.e., right to
hearing as a basic principle of Natural Justice. Under Article 19(2) to 19(6),
there are reasonable restrictions can be imposed on the
right to carry on trade and business which includes the procedural restrictions
also. In determining the validity of the reasonable restrictions, the court has
referred the principle of ‘Natural Justice’.[1]
The principle of Natural
Justice is embodied under Article
14
and Article
21 of the Constitution with the introduction of the due
process in the Article
21
of the Constitution. All the fairness which is enshrined in the principle of
natural justice can be seen in Article 21.
When a person is deprived of the right to life and personal liberty, they are
indirectly deprived of other rights as well.
The Article 12, implicitly incorporates the principle of natural justice. The position is such that Article 14 applies not only to the class legislation but also to the state actions which are arbitrary and discriminatory. It also applies to the State’s actions which are arbitrary and discriminatory.
Case laws
The following case laws
would be evident for the illustrations. Procedural fairness embodying natural
justice is to be implied whenever and wherever an action is taken affecting the
rights of parties.
Maneka
Gandhi vs Union of India
In this case the right to
travel abroad was restrained. It was held, that since such a decision was taken
without any reasonable opportunity to be heard, it was violative of the rules
of ‘Natural Justice’.
Olga
Tellis vs Bombay Municipal Corporations
In this case, due to the
environmental reasons, the factory was shut down. However, it was held to be
violative as the other party was not provided with the due notice about the
closure of such a factory. It was held that such a closure was illegal as there
should have been a reasonable notice given beforehands.
Hindustan
Petroleum Corporation vs HL Trehan
In this case the decision
was taken without the consideration of the other party’s opinion. It was held
that such a decision was taken without proper consideration of the views of the
other party. It was held that such a decision is a violative decision as it was
opposing the laws of ‘Natural Justice’.
DS Nakara vs Union of India (1983)
Supreme
Court held that in the case of a pension providing scheme to the government
servants retiring before a particular date, there was discriminatory policy
based on a fixed ‘cut-off’ date. It was held that such a decision would be
arbitrary, discriminatory and ultra-vires.
Air India vs Nargesh Meerza (1981)
A
regulatory provision which was framed by the Air India provided with the terms
and conditions which held that in case the Air-Hostess would be pregnant, she
would be terminated from the service. It was thereafter held that in such a
case, there would be a violation of the Article
14, 15 and
21 of the air-hostess. It was held that such a law
would be violative of the constitution and hence is arbitrary in nature.
DTC vs Mazdoor Congress (1991)
A resignation conferring the power on the authority to terminate the service of a permanent employee by giving him a three months’ notice would be ultra vires and held to be void.
Narendra Kumar vs State of Uttar Pradesh
In this case the ordinance making power was challenged. It was held that instead of making multiple ordinances when the Parliament is not in sessions, it would be better if one would spare some time and make an Act or Legislation which would have the binding nature for all. This was done so that there could not be the misuse of the powers in the hands of the executive officers.
When can natural justice be claimed?
When the court acting judicially
In case the court would
be acting in order to deliver justice, this doctrine would be applicable in
such a case. This can be related to the tribunals, courts or the quasi-judicial
bodies.
Administrative Action
In
case of departmental issues or internal issues of the organisation,
there should be a proper opportunity for a hearing given to the parties.
AK Gopinath Vs Union Of India
It was held that the proper procedure should be followed. In case, this is a miscarriage of justice due to improper proceedings. It was held that in case of the court proceedings, there should be a proper procedure which should be followed.
Civil Consequences
If
the administrative processes include civil consequences.
In the State of Orisha vs Dr. Kumari Binapani
There
was a compulsory retirement. No opportunity to verify the date of birth was not
allowed to be properly heard. It was held that it was administratively
incorrect. There was no consistency related to ‘Natural Law’.
Disciplinary Proceedings
The
proceedings from the school, principal’s disciplinary action and fairness and
impartiality is determined here.
Master Bibhu Kapoor vs Council of ICSE
It was alleged that there is cheating in the exam done by a student. However, in such a case the decision was set aside as the other party was not allowed to present the opinion. The principle of ‘fair hearing’ was not followed in this case.
Board of High School Intermediate Education vs Chitra Shrivastava
In
this case, the petitioner was not allowed to appear in the exams because of the
shortage of attendance. It was held that the fair chance of hearing should be
given to the other party. Here the other party who was not given a chance of
hearing was unfair. Hence, the decision was held to be biased one.
Fairness in Action
Mahinder Singh vs Chief Election Commissioner
In
this case, the Returning Officer reported that there was violence in the ‘booth’
where the elections took place. The report was furnished based on the rumours.
However, it was held that such a decision is unfair as the other party should
be given an opportunity to be heard. Here, it was held to be a violation of the
rule of ‘Natural Justice’ as there was no opportunity given to the other party
to present his opinion.
Conclusion
Thus, from the above discussion, we observe that there is a constant evolution of the rule of law in case of Indian perspective. We see that various philosophers have tried to distinguish the rule of law and natural justice. However, both these concepts go hand in hand. Above both of them, in order to keep a check on the system of governance, the concept of ombudsman has evolved. This further preserves the basic structure doctrine and the rule of law and natural justice. Thus, we see that all the concepts are interlinked and the clear separation is a difficult process. This, is evident from the above example that India follows a system of checks and balances which is a mixture of the concept of ‘Separation of Power’ from America and the British system of governance.
Also Read:
1. Jurisprudence: Administration of Justice
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2. Jurisprudence: Relationship between Law and Ethics
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3. Administrative Law: Ombudsman
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12. Labour Law: Bonded Labour Act
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13. Labour law: Payment of Wages Act
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