Principles of natural justice

Principles of Natural Justice

Prepared By

Manu Melwin Joy

Assistant ProfessorIlahia School of Management Studies

Kerala, India.

Phone – 9744551114Mail – manu_melwinjoy@yahoo.com

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Introduction

• PNJ were derived from theRomans who believed thatsome legal principles were“natural” or self evidentand did not require astatutory basis.

• PNJ is embedded in Article311 of the Constitution ofIndia.

Principles of Natural Justice

1. Rule against Bias

2. Rules for the fair

hearing.

3. Reasoned decision.

Rule against Bias

This means that the

administrative authority,

who exercises quasi judicial

function should be impartial.

He should be free from bias.

Rule against Bias

• The administrative authority,exercising, quasi judicial function,is said to be biased if

– He has pecuniary interest in thesubject matter of the dispute.(Pecuniary bias)

– He is a relative or a friend or enemyof disputing parties. (Personal bias)

– He has general interest in thesubject matter. (Official bias).

Rule against Bias

• Rules against bias are based onthree maxims.

– No man shall be a judge in hisown cause.

– Justice should not only be donebut manifestly and undoubtedlyseem to be done.

– Judges should be abovesuspicion.

Rules for the fair hearing

The second importantcondition of natural justiceis that the person whom anaction is proposed to betaken, should be given areasonable opportunity todefend himself. Beforepassing an order againstany person, he must beheard.

Rules for the fair hearing

For a fair hearing, the

following two are

necessary

–Notice.

–Opportunity of hearing.

Reasoned Decision (Speaking Order)

Speaking order means on

order which contains

reasons for the decision.

The administrative

authority exercising quasi

judicial function should

give reasoned decision.

Reasoned Decision (Speaking Order)

A party to the dispute has a

right to know the result of the

enquiry and the reason in

support of the decision. The

reasoned decision safe guards

against possible injustice and

arbitrary exercise of powers by

quasi judicial authority.

• Principles of natural justice.