Introduction

INTRODUCTION
Natural justice in simple terms means ‘the natural sense of what is right or wrong’ and in
legal parlance it essentially means ‘justice’ and ‘fairness’. 1 The concept of natural justice is
very old and vintage. Its principles of have developed over the time and have become the
basis of every proceeding.
Rules of natural justice are not the creation of Constitution or mankind. Rather, they have
developed with the growth of civilization. They have originated and developed with time and
history. In order to protect himself against the excess of organized power, man has always
appealed to someone which is not been created by him and such someone could only be God
and His laws, Divine law or Natural law, to which all temporal laws must and actions must
conform. It is of ‘higher law of nature’ or ‘natural law’ which implies fairness,
reasonableness, equity and equality. Natural justice rules are not codified laws. It is not
possible to define precisely and scientifically the expression ‘natural justice’. They are
basically common – sense justice which are built- in the conscience of human being. They are
based on natural ideals and values which are universal in nature. ‘ Natural justice’ and ‘legal
justice’ are substances of ‘justices’ which must be secured by both, and whenever legal
justice fails to achieve this purpose, natural justice has to be called in aid of legal justice.
Natural Justice comprises of two main components. One is hearing, or the doctrine of audi
alteram partem, which means ‘listen to the other side’ or the ‘rule of fair hearing’. The other
is nemo iudex in causa sua, which means ‘no man should be a judge in his own cause’. Both
of them are the pillars of a just and fair legal system and should be present inherently in every
hearing. The basis of the whole concept is that no one should be condemned unheard. The
process of natural justice is procedural in nature.
The principles of natural justice earlier were applicable to only judicial proceedings. But, in
the case of Ridge v Baldwin,2 it was held that the principles of natural justice apply to ‘almost
the entire range of administrative powers.’ The application of these principles to
administrative proceedings is indeed very important in today’s time of welfare state as, the
administration enjoys wide and vast powers, without very strong safeguards, to interfere with
the property and liberty of people3 Their power is only increasing with time.
1
Wade & Forsyth, Administrative Law,(9th edn,Oxford University Press 2005) 440.
2
1964 AC 40.
3
Jain & Jain, Principles of Administrative Law, vol 1 (6th edn, Wadhwa Nagpur 2007) 300.
Therefore, in such a situation it becomes important to ensure that the administration doesn’t
abuse its powers and exercise them with due diligence. When provided with a right to
hearing, the concerned person also gets a chance to place his version of the facts and story
before the decision making authority and thus reducing the chances of the authority in
making a rash, ignorant and biased decision. Thus, hearing of a person before taking a
decision affecting him, leads to good decisions being made. It makes agencies accountable
and also gives the concerned persons a sense of participation, thereby upholding one of the
basic democratic values. Thus, natural justice is not only the basic canon of a good legal
procedure but also of good administration.
Thus, it is well known now that Natural Justice Principles supplement all statutes with
implications necessary and also the administrative authorities performing public functions to
adopt the “fair procedure”. However, these principles of natural justice have exceptions also.
There sometimes arise situations in which their application might in turn lead to injustice and
therefore, they are disregarded in such situations. Their application can be excluded by ways
of either express or necessary implications but subject to Article 14 and Article 21 of the
Indian Constitution.4
4
<http://www.legalservicesindia.com/article/article/exceptions-to-the-principles-of-natural-justice-1529-1.html
accessed 24th August, 2019.

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