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Introduction
The concept of natural law has taken several forms. The idea began with the ancient Greeks'
conception of a universe governed in every particular by an eternal, immutable law and in
their distinction between what is just by nature and just by convention. Stoicism provided the
most complete classical formulation of natural law. The Stoics argued that the universe is
governed by reason, or rational principle; they further argued that all humans have reason
with in them and can therefore know and obey its law. Because human beings have the
faculty of choice (a free will), they will not necessarily obey the law; if they act in accordance
with reason, however, they will be "following nature."
Holding that reasons are the heart-beat of any judgment, the Supreme Court of India in a
recent decision has set to terms the procedure required to be observed by all courts in the
country. Setting aside a decision of the High Court for want of reasoning, the Court referred
to various earlier decisions and the consistent reiteration of the principles relating to
assigning of reasons while disposing of a particular matter.
The doctrine of natural justice is undeniably an important thread in our legal heritage. The
positive impact of the doctrine on public administration with reason is clear for all to see. It
has become well-known and commonly practiced that decision-making should be free of bias
and conflict of interest, reasonable , and that a person affected adversely and directly by an
administrative decision should be given a prior warning and opportunity to comment. This
adherence to natural justice goes well beyond administrative practice and is now rooted in
many statutory schemes that spell out the hearing or adjudication procedures that must be
followed by decision makers.

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Natural Law
The unwritten body of universal moral principles that underlie the ethical and legal norms by
which human conduct is sometimes evaluated and governed. Natural law is often contrasted
with positive law, which consists of the written rules and regulations enacted by government.
The term natural law is derived from the Roman term jus naturale. Adherents to natural law
philosophy are known as naturalists.
Naturalists believe that natural law principles are an inherent part of nature and exist
regardless of whether government recognizes or enforces them. Naturalists further believe
that governments must incorporate natural law principles into their legal systems before
justice can be achieved. There are three schools of natural law theory: divine natural law,
secular natural law, and historical natural law.
Divine natural law represents the system of principles believed to have been revealed or
inspired by God or some other supreme and supernatural being. These divine principles are
typically reflected by authoritative religious writings such as Scripture. Secular natural law
represents the system of principles derived from the physical, biological, and behavioral laws
of nature as perceived by the human intellect and elaborated through reason. Historical
natural law represents the system of principles that has evolved over time through the slow
accretion of custom, tradition, and experience. Each school of natural law influenced the
Founding Fathers during the nascent years of U.S. law in the eighteenth century and continue
to influence the decision-making process of state and federal courts today.
Christian philosophers readily adapted Stoic natural law theory, identifying natural law with
the law of God. For Thomas Aquinas, natural law is that part of the eternal law of God ("the
reason of divine wisdom") which is knowable by human beings by means of their powers of
reason. Human, or positive, law is the application of natural law to particular social
circumstances. Like the Stoics, Aquinas believed that a positive law that violates natural law
is not true law. With the secularization of society resulting from the Renaissance and
Reformation, natural law theory found a new basis in human reason. The 17th-century Dutch
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jurist Hugo Grotius believed that humans by nature are not only reasonable but social. Thus
the rules that are "natural" to them -- those dictated by reason alone -- are those which
enable them to live in harmony with one another. From this argument, by the way, Grotius
developed the first comprehensive theory of international law.

JUDICIAL APPROACHES IN INDIA

1. Judicial approach of Legal Aid before 42nd Amendment of the Indian Constitution:

Though the Legal Aid movement in India has got impetus on the
part of judiciary itself, initially the approach of judiciary in interpreting the provisions of the
Constitution of India or other statutes conferring Legal Aid benefits was not much liberal as it
exists now. However, in India as there is an adversarial judicial system based on the AngloSaxon Jurisprudence. As far as the Indian scenario is considered, the weakness of such a
system lies in the fact that, the victim faces difficulties in satisfying the Court of Law about
his innocence and many times it may place a poor victim in a defeating position. No doubt,
there are some provisions in the existing statutes and the Constitution of India itself dealing
with Legal Aid benefit but they were not given expansive interpretation by Courts at initial
stages. As an effect, though law provided for representation through a lawyer 1 it was
considered as a duty of accused or his relatives to make arrangements for the same. State had
no obligation in this respect. Thus, in spite of there being the provisions conferring the
benefit of Legal Aid to poor litigants, effectiveness and implementation of the same was not
satisfactorily. In this context, it is important to note that the insertion of Article 39-A in the
Constitution of India by way of 42nd Amendment Act, 1976 has changed the scene totally.
2. Judicial approach of Legal Aid after 42nd Amendment of the Indian Constitution:
As stated earlier, the 42nd Amendment, 1976 in the Constitution of
India is the most extensive and exhaustive of the Amendments made so far. It inter alia
inserted Article 39-A in the Constitution of India as one of the Directive Principles of State
Policy. It aimed at delivering of equal justice with the instrument of Legal Aid. In spite of
being a mere directive to the State, it has become capable of causing far reaching effects on
1

Section 304 of the Code of Criminal Procedure, 1973.

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the entire legal system in India only due to its dynamic and humanistic interpretation at the
hands of Indian Judiciary. Thus, it can be said that insertion of Article 39-A in the
Constitution of India has brought about a revolutionary change in the field of Legal Aid in
India.

3. Judicial activism in Indian Legal System-

The Powers of the Supreme Court for the protection of

the

constitutional rights of citizen are of the widest amplitude and there is no reason why the
court should not adopt activist approach similar to court in America and issue to the state
directions which may involve taking of positive action with a view to securing enforcement
of the fundamental rights.
In Hussainara Khatoon versus state of Bihar 2 the Supreme court
has held that speedy trial is an essential and integral part of the fundamental right to life and
liberty enshrined in Article 21. In Bihar a number of under trial prison were kept in various
jails for several years without trial. The court ordered that all such prisoners whose names
were submitted to the court should be released forthwith. Since speedy trial was held to be a
fundamental rights guaranteed by Article 21 the Supreme Court considered its constitutional
duty to enforce this right of the accused person. The Supreme Court pivotal role in making up
for the lethargy of the legislative and inefficiency of the executive is commendable. Those
who opposed the growing judicial activism of the higher courts do not realise that it has
proved a boon for the common man.
Application of Judicial Activism
Judicial law rests on the efficiency of his application and also on the law enforcement
machinery. The law enforcing agency should follow the provisions of the law and apply the
law in practice fairly, honestly, impartially and free from all kinds of bias. Rule of law rests
on the pillar of an independent, honest, segment and impartial judiciary. The judiciary ought
to interpret law in such a manner which the aims and objects of constitution. It must keep an
eye on the actions of the executive and the lad passed by the legislature so that they confirm
to the fundamental laws of the land. In view of the role assigned to the judiciary by the
2

A.I.R. 1979 S.C. 1360

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constitution as the supreme arbiter to darken about the constitutional validity of the laws
made by the legislature and the legal and constitutional validity of acts of the executive. It is
felt that any attempt to make the higher judges vulnerable i n t h e security of their tenure
would be retrecrade step fought with serious consequences for the independence of judiciary
upon which depends the rule of law so vital for the survival of democratic polity. There has
no doubt been a general decline during recent years in our allegiance to moral values. This
has been so in most spheres of our national life. In such an atmosphere it is unrealistic to
believe that the judges would remain unaffected by the general malaise and decline in moral
standards. We have to bear in mind that judges too are an integral part of society and are not
denizens of and her planet living in a different stratosphere above and far from that in which
reside the other mortals with all their weaknesses
4. Judicial Review and Natural Law
In its capacity as the guardian of the Constitution the Supreme Court of India possesses
implied power to declare any Act of the Central or State Legislature or any decree of the
Executive as ultra vires, if it does not conform to the provisions of the Constitution.The
power of the Judiciary to review the Act of the Legislature or the Executive in order to
determine its constitutional propriety is known as the Doctrine of Judicial Review.
America is the classic home of judicial review. It was an extra constitutional growth in
America. In the famous case of Marbury vs. Madison3 Chief Justice John Marshall of the
United States emphatically pronounced the power of the Court to declare the act of the
legislature as ultra vires. Marshall claimed this power of the Court from famous clause of
Due Process of Law of the American Constitution. One of the Bills Of Rights in the
American Constitution is that No person shall be deprived of his life, liberty and property
without due process of law.
American Jurists claim that Law in this Clause is akin to Natural Law. According to Daniel
Webster the meaning of Due Process of Law is that Every citizen shall hold his life,
liberty, property and immunities for the protection of general laws which govern society.
Due in this clause has been taken to mean What is just and proper and Law as Natural
Law. Thus the Judicial Review in the American Constitution has two aspects, namely,
procedural and Substantive. The Supreme Court can challenge an Act if either its procedure is

1803

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defective or the substance contained in it is against the canons of the natural law or natural
justice.
The power of judicial review is explicit in the Constitution of India. Further, the scope of
judicial review in India is not as wide as that of the United States of America. The scope of
judicial review is comparatively limited in India because of the fact that the Constitution of
India is the longest written Constitution in the world. All provisions including the distribution
of powers between the Union and the States have been elaborately enumerated. The
enumeration of Fundamental Rights along with its limitations in detail has also restricted the
scope of judicial review in India. Further, there is a vital distinction between the two clauses
contained in the respective Constitutions, namely, Due Process of Law of the American
Constitution and Procedure established by Law of the Indian Constitution.
Article 21 of the Constitution provides that no person shall be deprived of his life or
personal liberty except according to the procedure established by law. The word law in the
clause procedure established by law does not mean natural law but it implies State made
law.
If the State makes law through which life or personal liberty of the citizen is deprived of the
Supreme Court cannot question it on the ground of natural law or natural justice. The Court
can only question the procedure through which the person is deprived of his life or personal
liberty.
The Supreme Court of India in the famous case of A. K. Gopalan vs. State of Madras4
accepted its own limitations. It decided that the Procedure established by Law is not same
as Due Process of Law of the American Constitution and by adopting that phrase, the
Constitution-makers of India gave the Legislature the final word to determine law. Thus the
reasonableness of law cannot be questioned in India by the Supreme Court on substantive
grounds. Only the procedural aspect of the judicial review is found in the Indian Constitution
but not that of its substantive aspect. Further, the Supreme Court can declare any legislation
as ultra vires if it goes against any provision of the Constitution. It can declare any act of the
Legislature or the Executive as unconstitutional if it violates any of the Fundamental Rights
guaranteed under the Constitution. Justice B. K. Mukherjee correctly assessed the position of
our Supreme Court in the following words:- In India it is the Constitution that is Supreme
and Parliament as well as Stale legislatures must not only act within the limits of their
4

1950

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respective legislative spheres as demarcated in the three lists occurring in the Seventh
Schedule of the Constitution, but Part 3 of the Constitution guarantees to the citizen certain
fundamental rights which the legislative authority can on no account transgress. A statute or
law to be valid must, in all cases, be in conformity with the constitutional requirements and it
is for the judiciary to decide whether any enactment is unconstitutional or not.

Natural Law and the Supreme Court of India

In recent years, the ideas of natural law have become more and more important and have
been relied upon by the Supreme Court of India and High Courts in their decisions. In
A.K.Kraipak v. Union of India, the Supreme Court observed that the aim of the rules
of natural justice is to secure justice or to put it negatively, to prevent miscarriage of justice.
These rules can operate only in areas not covered by any law validly made. They do not
supplant the law of the land but supplement it. The concept of natural justice has undergone a
great deal of change in recent years. In the past it was thought that it included just two rules,
namely:
1. No one shall be a judge in his own cause(nemo debet esse judex propria causa).
2. No decision shall be given against a party without affording him a reasonable hearing(audi
alteram partem).
Very soon thereafter, a third rule was added which provides that quasi-judicial enquiries must
be held in good faith, without bias and not arbitrarily or unreasonably. In Maneka Gandhi v.
Union of India, the Supreme Court observed that natural justice is a great humanising
principle intended to invest law with fairness and to secure justice. Over the years, it has
grown into a widely pervasive rule affecting large areas of administrative action. The soul of
natural justice is fair play in action and it has received widest recognition throughout the
democratic world.The Supreme Court held that even the procedure laid down by law must be
right, just and fair. It is liable to be set aside on the ground that it is not reasonable.

Natural Law (Reasoning) and Indian Judiciary Decisions

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Holding that reasons are the heart-beat of any judgment, the Supreme Court in a recent
decision has set to terms the procedure required to be observed by all courts in the country.
Setting aside a decision of the High Court for want of reasoning, the Court referred to various
earlier decisions and the consistent reiteration of the principles relating to assigning of
reasons while disposing of a particular matter.

The Supreme Court explained the principle as under;

1. The increasing institution of cases in all Courts in India and its resultant burden upon the
Courts has invited attention of all concerned in the justice administration system. Despite
heavy quantum of cases in Courts, in our view, it would neither be permissible nor
possible to state as a principle of law, that while exercising power of judicial review
on administrative action and more particularly judgment of courts in appeal before the
higher Court, providing of reasons can never be dispensed with. The doctrine of audi
alteram partem has three basic essentials. Firstly, a person against whom an order is
required to be passed or whose rights are likely to be affected adversely must be granted
an opportunity of being heard. Secondly, the concerned authority should provide a fair
and transparent procedure and lastly, the authority concerned must apply its mind and
dispose of the matter by a reasoned or speaking order. This has been uniformly applied by
courts in India and abroad.
2. The Supreme Court in the case of S.N. Mukherjee v. Union of India 5, while referring to
the practice adopted and insistence placed by the Courts in United States, emphasized the
importance of recording of reasons for decisions by the administrative authorities
and tribunals. It said administrative process will best be vindicated by clarity in its
exercise. To enable the Courts to exercise the power of review in consonance with
settled principles, the authorities are advised of the considerations underlining the action
under review. This Court with approval stated:- the orderly functioning of the process of
review requires that the grounds upon which the administrative agency acted be clearly
disclosed and adequately sustained.
5

(1990) 4 SCC 594

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3. In exercise of the power of judicial review, the concept of reasoned orders/actions has
been enforced equally by the foreign courts as by the courts in India. The administrative
authority and tribunals are obliged to give reasons, absence whereof could render the
order liable to judicial chastise. Thus, it will not be far from absolute principle of law that
the Courts should record reasons for its conclusions to enable the appellate or higher
Courts to exercise their jurisdiction appropriately and in accordance with law. It is the
reasoning alone, that can enable a higher or an appellate court to appreciate the
controversy in issue in its correct perspective and to hold whether the reasoning recorded
by the Court whose order is impugned, is sustainable in law and whether it has adopted
the correct legal approach. To sub-serve the purpose of justice delivery system, therefore,
it is essential that the Courts should record reasons for its conclusions, whether disposing
of the case at admission stage or after regular hearing.
4. At the cost of repetition that the Court has consistently taken the view that recording of
reasons is an essential feature of dispensation of justice. A litigant who approaches the
Court with any grievance in accordance with law is entitled to know the reasons for
grant or rejection of his prayer. Reasons are the soul of orders. Non-recording of reasons
could lead to dual infirmities; firstly, it may cause prejudice to the affected party and
secondly, more particularly, hamper the proper administration of justice. These principles
are not only applicable to administrative or executive actions, but they apply with equal
force and, in fact, with a greater degree of precision to judicial pronouncements.
A judgment without reasons causes prejudice to the person against whom it is
pronounced, as that litigant is unable to know the ground which weighed with the Court
in rejecting his claim and also causes impediments in his taking adequate and appropriate
grounds before the higher Court in the event of challenge to that judgment. Now, we may
refer to certain judgments of this Court as well as of the High Courts which have taken
this view.
5. In the case of Siemens Engineering and Manufacturing Co. of India Ltd. v. Union of
India and Anr. [6], the Supreme Court held as under: If courts of law are to be replaced by administrative authorities and tribunals, as
indeed, in some kinds of cases, with the proliferation of Administrative Law, they may
have to be so replaced, it is essential that administrative authorities and tribunals should
accord fair and proper hearing to the persons sought to be affected by their orders and
give sufficiently clear and explicit reasons in support of the orders made by them. Then
6

AIR 1976 SC 1785

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alone administrative authorities and tribunals exercising quasi-judicial function will be
able to justify their existence and carry credibility with the people by inspiring confidence
in the adjudicatory process. The rule requiring reasons to be given in support of an order
is, like the principle of audi alteram partem, a basic principle of natural justice which
must inform every quasi-judicial process and this rule must be observed in its proper
spirit and mere pretence of compliance with it would not satisfy the requirement of law.

6. In the case of Mc Dermott International Inc. v. Burn Standard Co. Ltd. and Ors.7, the
Supreme Court clarified the rationality behind providing of reasons and stated the
principle as follows:- . . . Reason is a ground or motive for a belief or a course of action,
a statement in justification or explanation of belief or action. It is in this sense that the
award must state reasons for the amount awarded. The rationale of the requirement of
reasons is that reasons assure that the arbitrator has not acted capriciously. Reasons reveal
the grounds on which the Arbitrator reached the conclusion which adversely affects the
interests of a party. The contractual stipulation of reasons means, as held in Poyser
and Mills Arbitration in Re, `proper adequate reasons. Such reasons shall not only be
intelligible but shall be a reason connected with the case which the Court can see is
proper. Contradictory reasons are equal to lack of reasons. . . .
7. In Gurdial Singh Fijji v. State of Punjab 8, while dealing with the matter of selection of
candidates who could be under review, if not found suitable otherwise, the Court
explained the reasons being a link between the materials on which certain conclusions are
based and the actual conclusions and held, that where providing reasons for proposed
supersession were essential, then it could not be held to be a valid reason that the
concerned officers record was not such as to justify his selection was not contemplated
and thus was not legal. In this context, the Court held Reasons are the links
between the materials on which certain conclusions are based and the actual conclusions.
The Court accordingly held that the mandatory provisions of Regulation 5(5) were
not complied with by the Selection Committee. That an officer was not found suitable
is the conclusion and not a reason in support of the decision to supersede him. True, that it
is not expected that the Selection Committee should give anything approaching
the judgment of a Court, but it must at least state, as briefly as it may, why it came to the
7

(2006) SLT 345

(1979) 2 SCC 368

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conclusion that the officer concerned was found to be not suitable for inclusion in the
Select List.
This principle has been extended to administrative actions on the premise that it applies with
greater rigor to the judgments of the Courts. InState of Maharashtra v. Vithal Rao Pritirao
Chawan 9, while remanding the matter to the High Court for examination of certain issues
raised, this Court observed: . . . It would be for the benefit of this Court that a speaking
judgment is given.
In the cases where the Courts have not recorded reasons in the judgment, legality, propriety
and correctness of the orders by the Court of competent jurisdiction are challenged in absence
of proper discussion. The requirement of recording reasons is applicable with greater rigor to
the judicial proceedings. The orders of the Court must reflect what weighed with the Court in
granting or declining the relief claimed by the applicant. In this regard we may refer to
certain judgments of this Court.
8. A Bench of Bombay High Court in the case of M/s. Pipe Arts India Pvt. Ltd. V.
Gangadhar Nathuji Golamare [10], wherein the Bench was concerned with an appeal
against an order, where prayer for an interim relief was rejected without stating
any reasons in a writ petition challenging the order of the Labour Court noticed, that
legality, propriety and correctness of the order was challenged on the ground that no
reason was recorded by the learned Single Judge while rejecting the prayer and this has
seriously prejudiced the interest of justice. After a detailed discussion on the subject,
the Court held:The Supreme Court and different High Courts have taken the view that it is always desirable
to record reasons in support of the Government actions whether administrative or quasi
judicial. Even if the statutory rules do not impose an obligation upon the authorities still it is
expected of the authorities concerned to act fairly and in consonance with basic rule of law.
These concepts would require that any order, particularly, the order which can be subject
matter of judicial review, is reasoned one. Even in the case of Chabungbambohal Singh v.
Union of India and Ors. 1995 (Suppl) 2 SCC 83, the Court held as under:

(1981) 4 SCC 129

2008 (6) Maharashtra Law Journal 280

10

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His assessment was, however, recorded as "very good" whereas qua the appellant it
had been stated unfit. As the appellant was being superseded by one of his juniors, we do
not think if it was enough on the part of the Selection Committee to have merely stated unfit,
and then to recommend the name of one of his juniors. No reason for unfitness, is reflected in
the proceedings, as against what earlier Selection Committees had done to which reference
has already been made. In the case of Jawahar Lal Singh v. Naresh Singh and Ors. 11,
accepting the plea that absence of examination of reasons by the High Court on the basis of
which the trial Court discarded prosecution evidence and recorded the finding of an acquittal
in favour of all the accused was not appropriate, the Supreme Court held that the order should
record reasons. Recording of proper reasons would be essential, so that the Appellate Court
would have advantage of considering the considered opinion of the High Court on the reasons
which had weighed with the trial Court.
9. In the case of State of Punjab and Ors. v. Surinder Kumar and Ors12, while noticing
the jurisdictional distinction between Article 142 and Article 226 of the Constitution of
India, the Supreme Court stated that powers of the Supreme Court under Article 142 are
much wider and the Supreme Court would pass orders to do complete justice. The
10. Supreme Court further reiterated the principle with approval that the High Court has the
jurisdiction to dismiss petitions or criminal revisions in limini or grant leave asked for by
the petitioner but for adequate reasons which should be recorded in the order. The High
Court may not pass cryptic order in relation to regularisation of service of the respondents
in view of certain directions passed by the Supreme Court under Article 142 of
the Constitution of India. Absence of reasoning did not find favour with the Supreme
Court. The Supreme Court also stated the principle that powers of the High Court were
circumscribed by limitations discussed and declared by judicial decision and it cannot
transgress the limits on the basis of whims or subjective opinion varying from Judge to
Judge.
In the case of Hindustan Times Ltd. v. Union of India and Ors.13, the Supreme Court
while dealing with the cases under the Labour Laws and Employees' Provident Funds and
Miscellaneous Provisions Act, 1952 observed that even when the petition under Article 226 is
dismissed in limini, it is expected of the High Court to pass a speaking order, may be
11
12
13

(1987) 2 SCC 222

(1992) 1 SCC 489
(1998) 2 SCC 242

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briefly. Consistent with the view expressed by the Supreme Court in the afore-referred cases,
in the case of State of U.P. v. Battan and Ors.14, the Supreme Court held as under: The
High Court has not given any reasons for refusing to grant leave to file appeal against
acquittal. The manner in which appeal against acquittal has been dealt with by the High Court
leaves much to be desired. Reasons introduce clarity in an order. On plainest consideration of
justice, the High Court ought to have set forth its reasons, howsoever brief, in its order. The
absence of reasons has rendered the High Court order not sustainable. Similar view was also
taken by the Supreme Court in the case of Raj Kishore Jha v. State of Bihar and Ors. 15. In a
very recent judgment, the Supreme Court in the case of State of Orissa v. D haniram
Luhar16while dealing with the criminal appeal, insisted that the reasons in support of the
decision was a cardinal principle and the High Court should record its reasons while
disposing of the matter. The Court held as under:
8. Even in respect of administrative orders Lord Denning, M.R. In Breen v. Amalgamated
Engg. Union observed: The giving of reasons is one of the fundamentals of good
administration." In Alexander Machinery (Dudley) Ltd. v. Crabtree it was observed: "Failure
to give reasons amounts to denial of justice." "Reasons are live links between the mind of the
decision-taker to the controversy in question and the decision or conclusion arrived at."
Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if
the decision reveals the "inscrutable face of the sphinx", it can, by its silence, render it
virtually impossible for the Courts to perform their appellate function or exercise the power
of judicial review in adjudging the validity of the decision. Right to reason is an
indispensable part of a sound judicial system; reasons at least sufficient to indicate an
application of mind to the matter before Court. Another rationale is that the affected party can
know why the decision has gone against him. One of the salutary requirements of natural
justice is spelling out reasons for the order made; in other words, a speaking-out. The
"inscrutable face of the sphinx" is ordinarily incongruous with a judicial or quasi-judicial
performance.

14

(2001) 10 SCC 607

JT 2003 (Supp.2) SC 354
16
(2004) 5 SCC 568
15

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11. By practice adopted in all Courts and by virtue of judge made law, the concept of
reasoned judgment has become an indispensable part of basic rule of law and, in fact, is a
mandatory requirement of the procedural law. Clarity of thoughts leads to clarity of vision
and proper reasoning is the foundation of a just and fair decision. In the case
of Alexander Machinery (Dudley) Ltd17., there are apt observations in this regard to say
failure to give reasons amounts to denial of justice. Reasons are the real live links to the
administration of justice. With respect we will contribute to this view. There is a rationale,
logic and purpose behind a reasoned judgment. A reasoned judgment is primarily written
to clarify own thoughts; communicate the reasons for the decision to the concerned and to
provide and ensure that such reasons can be appropriately considered by the
appellate/higher Court. Absence of reasons thus would lead to frustrate the very object
stated hereinabove. The order in the present case is as cryptic as it was in the case
of Sunil Kumar Singh Negi (supra). Being a cryptic order and for the reasons recorded in
that case by this Court which we also adopt, the impugned order in the present
appeal should meet the same fate.

Conclusion
The concept of natural law has been used to support different ideologies from time to time. It
has been used not only to support absolutism, individualism but also to overthrow
government. The natural law philosophy has contributed a lot in the development of law and
legal system. The natural law principles of justice, morality and conscience have been
embodied in various legal systems. Man-made positive laws are arbitrary and contingent
17

supra

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whereas natural being regulated by laws of nature is inevitable and obligatory. Natural law
emanating from human reasoning which is known for its uniformity and general acceptance
is not variable. Natural law helped in denouncing the divine authority of the Church. It helped
in generating a favorable climate for reformation, renaissance and provided a sound
foundation for fundamental human rights.

On the basis of various judicial approach of Judiciary of India fairness may also demand that
the public body give reasons for their decision. Certain statutory procedures will require this,
although there is no specific requirement in law generally. However, more recent cases have
suggested that in certain circumstances reasons should be given, and this will often depend on
the nature of the decision and how important it is to an individual. Reasons for a decision
may be required when the decision-maker is a professional judge, the decision would
otherwise appear aberrant (aberrant meaning to diverge from the normal type), or where
the subject matter is particularly highly regarded, such as a persons liberty.

References

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