Violation of natural justice
1. What is Natural Justice?
Natural justice is an important concept in administrative law.
The word derived from the Roman concept of "Jus Naturale". It
is not possible to define precisely and scientifically the
expression "natural justice".It is true that the concept of natural
justice is not very clear and, therefore, it is not possible to define
it; yet the principles of natural justice evolved to become a
universal principle applied in various legal systems worldwide.
Natural justice is a fundamental principle that ensures fairness,
reasonable, equity and equality in legal and administrative
proceedings.
Natural justice is based on two main principles:-
Nemo Judex in Causa Sua – No one should be a judge in their
own case. This means decision-makers must be impartial and
free from any bias.
Audi Alteram Partem – Listen to the other side. Before any
decision is made, all parties involved should have a chance to
present their case.
2.Natural Justice in the Indian Legal System:
In India, natural justice is not explicitly written in any statute, but
courts have made it an integral part of administrative decision-
making through judicial pronouncements.concept of "procedural
fairness" enshrined in Article 14 (Right to Equality) and Article 21
(Protection of Life and Personal Liberty).
The Supreme Court has reinforced its importance in landmark
cases like Menaka Gandhi vs. Union of India, A.K Kraipak vs.
Union of India emphasizing that natural justice is an integral part
of the law.
3. Violation of Natural Justice:-
Bias in Decision-Making:
If a decision-maker has a personal interest in the outcome of
the case, this can violate the principle of impartiality. The first
requirement of natural justice is that the Judge should be
impartial and neutral and must be free from bias. There are
many types of bias :-
Personal Bias , Pecuniary Bias , Subject Matter Bias , etc.
In A.K. Kraipak v. Union of India, the Supreme Court invalidated
the decision made by a selection board because one of the
members had a personal interest in the case. This was
considered a violation of the principle of impartiality.
Lack of Proper Hearing:
When an affected party is not given a proper opportunity to
present their side or is denied access to relevant information,
the principle of hearing both sides (audi alteram partem) is
violated.
Imagine a world where authorities make decisions that impact your life
without giving you a chance to be heard or defend yourself. Natural justice
prevents this by establishing a framework for fair administrative action.
