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Natural Justice Principles

 


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

https://lawpaws007.blogspot.com/2022/04/jurisprudence-administration-of-justice.html

2. Jurisprudence: Relationship between Law and Ethics

https://lawpaws007.blogspot.com/2022/04/jurisprudence-relation-between-law-and.html

3. Administrative Law: Ombudsman

https://lawpaws007.blogspot.com/2021/12/ombudsman.html

4. Privacy Law: The Aftermath of Puttaswamy's Judgement

https://lawpaws007.blogspot.com/2021/12/privacy-law-aftermath-of-puttaswamys.html

5. Case Laws

https://lawpaws007.blogspot.com/search/label/Case%20Laws

6. Labour Law: Employee State Insurance Act

https://lawpaws007.blogspot.com/2022/04/labour-law-employee-state-insurance-act.html

7. Know the law 

https://lawpaws007.blogspot.com/2022/04/know-law.html

8. Shipping Contract and the clauses covered under it

https://lawpaws007.blogspot.com/2021/12/shipping-contracts-and-clauses-covered.html

9. Labour Law: Employee Compensation Act

https://lawpaws007.blogspot.com/2022/04/labour-law-employee-compensation-act.html

10. Labour Law: Minimum Wages Act

https://lawpaws007.blogspot.com/2022/04/labour-law-minimum-wages-act-1948.html

11. Labour Law: Equal Remuneration Act

https://lawpaws007.blogspot.com/2022/04/labour-law-equal-remuneration-act.html

12. Labour Law: Bonded Labour Act

https://lawpaws007.blogspot.com/2022/04/labour-law-bonded-labour-act.html

13. Labour law: Payment of Wages Act

https://lawpaws007.blogspot.com/2022/04/labour-law-payment-of-wages-act-1936.html

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