Denial of Natural Justice
- Muskan Malviya
- June 14, 2020
Content :
Though not provided in the Indian Constitution, the concept of natural justice is considered as an element necessary for the administration of justice. Natural justice is a common law term which originates in \'Jus Universal\' meaning a rule of nature. Natural justice in its layman terminology means common sense of what is right and wrong, which is synonymous with honesty in its scientific context. Through regulatory power equal justice has a very broad scope. In an act of regulatory authority it helps to avoid arbitrariness and discrimination against the people.
Throughout its initial time , the concept of natural justice was limited to court trials only, but since the advent of welfare state, the powers of the regulatory authorities have increased considerably as a result of which it is impossible for the constitution to agree on the equivalent processes to be pursued by each authority while adjudicating any disputes or quasi-judicial trials. Therefore, by creating a requirement to be adopted by regulatory officials when exercising their powers and executing their duties, the courts have provided a remedy.As an executor of legislation , regulatory bodies must offer incentives to the public, but these aims can not be achieved in the absence of adequate regulation of the powers provided to them. The ideals of natural justice have evolved as essential protections against inequality, in order to discourage misuse of authority and to test their boundaries. Natural justice has the purpose of ensuring justice for the citizens and preventing disregard for justice. Decisions which contradict natural justice are null and void.
In this research paper we discuss that natural justice divided into two concepts according to common English law i.e.
1) Nemo judex in causa sua (rule against bias)
2) Audi alteram partem (rule of equal hearing) and
We will study various common law exception to the principle of natural justice - Exclusion in the event of an emergency, Express constitutional exclusion, Where the discloser may be adverse to public interests , Where immediate action is necessary, Where hearing or appeal can not be conducted, Exclusion in solely administrative matters, If no person\'s right is infringed, the outcome should have been unrelated to the procedural fault, Omission by decision-makers on the basis of \'no blame.\' In addition, we\'ll investigate them. We also address in this research paper the breach of natural justice including – Opportunity of being heard, Reasoned Decision Or Speaking Orders, “Violation Of Natural Justice, Void Or Voidable, Exclusion Of Natural Justice etc”.
