15 Principles of Natural Justice

Principles
of
Natural Justice
LAW 109
CONCEPT OF NATURAL JUSTICE
• There is no precise and scientific definition of natural justice.
• Natural Justice implies fairness, reasonableness, equity and equality.
• The literal meaning of Natural Justice is ‘Jus Naturale’ which means

‘Law of Nature’. It is a law of nature which is not derived from any
statute or constitution.
• It denotes the natural sense of humans to decide what is right and

what is wrong and in a technical sense, it means fairness.
• Natural justice is the core of fair judgment, firmly embedded in
heritage and sense of morality with a view to avoid miscarriages of
justice.
• When the concept of ‘Welfare State’ came, the powers of

administrative authorities are increased and it became impossible for
the laws to determine the fair procedures to be followed by each
authority in the adjudication of disputes.
• These principles are effective to protect the fundamental, legal, or

constitutional rights of common people from the misuse of powers of
the administrative or judicial, or quasi-judicial authorities.
• Supreme court said that arriving at a reasonable and justifiable
judgment is the purpose of judicial and administrative bodies.
• Thus, purpose for principles of natural justice is

• Provide equal opportunity of being heard
• fulfill the gaps and loopholes of the law
• Prevent miscarriage of Justice
• Fairness in substance and procedure

• There are 3 basic rules of natural justice –
• No one can be condemned unheard (AUDI ALTERAM PARTEM)
• No one should be a judge in his own matter i.e. rule against

bias (NEMO JUDEX IN CAUSA SUA)
• Order, decision or judgment by the Presiding authorities

should be accompanied with a valid and reasonable grounds
i.e. reasoned decision.
Nemo Judex In Causa Sua
• No one should be a judge in his own case in interest of impartiality to
avoid any bias. Bias may arise due to one or multiple causes.
• Personal bias arises from a relation between the party and deciding
authority which incline him/her unfavorably or other-wise on the side
of one of the parties before him/her.
• If any of the member of executive body has any kind of financial

benefit, how so ever small it may be will lead to administrative
authority to biases.
• When directly or indirectly the deciding authority is involved in the
subject matter of a particular case, it may induce bias.
Audi Alteram Partem

• No person can be condemned or punished by the court without
having a fair opportunity of being heard.
• It is also known as a rule of fair hearing.
• Proper notice should be given to a person informing him about

allegations levelled to provide a fair chance of defence.
• After receiving the notice he must be given a reasonable time period to
prepare and present his case in a real and effective manner.
• Right of fair hearing includes the right to rebut evidences, right to cross-
examination the statement made by the parties, right of representation
by legal representative of choice.
• However, in certain cases, the decision can be made without adhering to

this rule e.g. in emergency, in public interest, confidentiality, trivial cases,
impracticality etc.
• At times courts may give an ex parte decision in case opportunity of

hearing is not availed.
• If pre decisional hearing opportunity is not given then a post
decisional hearing may be given. Post-Decisional Hearing’ affords an
opportunity to the aggrieved person to be heard.
• The idea of ‘Post-Decisional Hearing’ has been developed to maintain

a balance between administrative efficiency and fairness to the
individual.
Reasoned Decision
• The responsibility to record reasons works as obstacles against
arbitrary action by the judicial power vested in the executive
authority.
• The aggrieved party has the chance to demonstrate before the appellate
and revision court that what was the reason which makes the said order
or judgment of subordinate authority liable for rejection.
• The orders against which appeals are provided must be speaking orders.
Otherwise, the aggrieved party will not be in a position to demonstrate
before the appellate authority as to in which manner, the order passed
by the initial authorities is bad or suffers from illegality
• This is necessary with a view to exclude the possibility of arbitrariness in

the action. A bald order requiring no reason to support it may be passed
in an arbitrary and irresponsible manner.

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Principles

• There is no precise and scientific definition of natural justice.

• Natural Justice implies fairness, reasonableness, equity and equality.

• The literal meaning of Natural Justice is ‘Jus Naturale’ which means

• It denotes the natural sense of humans to decide what is right and

• When the concept of ‘Welfare State’ came, the powers of

• These principles are effective to protect the fundamental, legal, or

• Thus, purpose for principles of natural justice is

• fulfill the gaps and loopholes of the law

• Prevent miscarriage of Justice

• Fairness in substance and procedure

• No one should be a judge in his own matter i.e. rule against

• Order, decision or judgment by the Presiding authorities

• If any of the member of executive body has any kind of financial

Audi Alteram Partem

• It is also known as a rule of fair hearing.

• Proper notice should be given to a person informing him about

• However, in certain cases, the decision can be made without adhering to

• At times courts may give an ex parte decision in case opportunity of

• The idea of ‘Post-Decisional Hearing’ has been developed to maintain

• This is necessary with a view to exclude the possibility of arbitrariness in

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