# DETAILED NOTES ON PRINCIPLES OF NATURAL JUSTICE

## 1. Introduction

Natural Justice refers to the legal philosophy that decisions should be made in a way that ensures
fairness, equality, and impartiality. The concept ensures that no individual is deprived of their rights
without being given a fair opportunity to present their case. While it is not codified in laws, the
principles of natural justice are fundamental to ensuring that decisions, especially administrative and
judicial, are made in a just manner.

## 2. Origin and Historical Background

- The concept of natural justice has deep roots in Roman law with the idea of jus naturale, which
means "natural law."

- It was further developed in English Common Law, especially after the Magna Carta in 1215, which
emphasized fair treatment and protection against arbitrary actions.

- In India, natural justice principles were inherited from British law during colonial rule.

- Initially, these principles applied to judicial decisions, but now, they apply to administrative and
quasi-judicial decisions as well, covering a wide range of government functions.

## 3. Basic Features of Natural Justice

1. Universal Application: Natural justice applies to any authority, including courts, tribunals, and
administrative bodies.

2. Flexibility: It is not codified in written laws; instead, it evolves through judicial interpretations and
decisions.

3. Fairness in Process: The essence of natural justice is to ensure that justice is done and seen to be
done in any procedure affecting people's rights.

4. Applies Beyond Courts: The principles are applicable even in administrative and quasi-judicial
matters, such as licensing, taxation, and disciplinary actions.

## 4. The Core Principles of Natural Justice

### A. Nemo Judex in Causa Sua (No one should be a judge in his own case)
- Rule against bias: A judge or decision-making authority must not have any personal interest or bias
in the case they are adjudicating. If they do, their decision could be invalidated on the grounds of
bias.

- The person deciding the case should be neutral and impartial.

- Even a reasonable suspicion of bias is enough to disqualify a judge or decision-maker.

#### Types of Bias:

1. Pecuniary Bias: This occurs when the decision-maker has a financial interest in the outcome of the
case. For example, if a judge owns shares in the company involved, it leads to an inherent conflict of
interest.

- Example Case: Dimes v. Grand Junction Canal (1852): The judge had shares in the company
involved and thus was found to be biased.

2. Personal Bias: Bias arises when there’s a relationship (e.g., friendship or enmity) between the
decision-maker and one of the parties. For example, a judge might favor a friend or show hostility
toward an adversary.

- Example Case: Manak Lal v. Dr. Prem Chand (1957): The Supreme Court held that the decision-
making authority should not have any personal bias towards the parties involved.

3. Subject Matter Bias: When a person has an opinion or pre-judgment about the subject of the case.

4. Departmental Bias: This bias arises when the same authority or department acts as both the judge
and party in a case. In administrative bodies, where the same department has a vested interest, this
principle is crucial.

5. Preconceived Notions: If a person has a fixed opinion about the matter, they should recuse
themselves from the decision-making process.

#### Important Case Laws:

- Manak Lal v. Dr. Prem Chand – Held that personal bias disqualifies a judge.

- Dimes v. Grand Junction Canal – Pecuniary bias invalidated the decision.

- Gullapalli Nageswara Rao v. APSRTC – Held that if the same department is both judge and party, it
must be avoided.

### B. Audi Alteram Partem (Hear the other side)

- Right to a fair hearing: Before a decision is made that affects someone's rights, they must be given
an opportunity to be heard. This ensures fairness and justice.

- This principle emphasizes that no one should be condemned without a hearing or opportunity to
present their case.
- The affected party must be made aware of the case against them, given the right to present their
defense, and allowed to challenge any evidence presented.

#### Key Elements of Fair Hearing:

1. Notice: The person must be given adequate notice of the proceedings. The notice should be clear,
providing enough details about the case and the time to prepare a defense.

2. Right to Present a Case: The individual should be able to present their arguments, evidence, and
witnesses in support of their case.

3. Access to Evidence: The affected party must be given access to all evidence that is used against
them and should have the opportunity to challenge it.

4. Cross-Examination: In cases where witnesses are involved, the individual must have the right to
cross-examine them.

5. Legal Representation: In complex cases, the affected party should have the right to legal
representation (a lawyer).

6. Reasoned Decision: The decision-maker must provide reasons for their decision, showing that the
process was fair and that they considered the arguments and evidence presented.

#### Important Case Laws:

- Ridge v. Baldwin (1964) – Held that a police officer was wrongfully dismissed without being heard.

- A.K. Kraipak v. Union of India (1969) – Even administrative decisions that are not purely judicial
must follow the principles of natural justice.

- State of Orissa v. Dr. Binapani Mohanty (1967) – Administrative decisions impacting rights must still
comply with natural justice principles.

## 5. Exceptions to the Application of Natural Justice

Although the principles of natural justice are fundamental, there are certain exceptions where these
principles may not apply:

1. Emergency Situations: In cases of urgency where immediate action is required (e.g., public safety,
national security), the full procedures of natural justice may not be followed.

2. Confidential Matters: When the matter is related to national security, sensitive government issues,
or classified information, the full disclosure of evidence or a hearing may not be possible.

3. Statutory Exclusions: In certain laws or regulations, the procedure for natural justice may be
explicitly excluded, meaning the decision-making authority may not be obligated to follow these
principles. However, this exception is narrow and must be clearly stated in the law.
#### Notable Cases and Statutory Exceptions:

- State of Punjab v. Mahindra Singh (1963) – It was held that if a statute excludes the application of
natural justice, then the principles will not apply.

- In the case of a dismissal due to misconduct: If an individual is dismissed for misconduct, and if the
nature of the offense or situation requires an expedited process, then full adherence to natural
justice principles might not be necessary.

## 6. Significance of Natural Justice

Natural justice is crucial for ensuring accountability, transparency, and fairness in decision-making. It
builds public confidence in the legitimacy of judicial and administrative actions. It also serves as a
check on the arbitrary exercise of power by authorities.

## 7. Role of Natural Justice in the Indian Context

- In India, the Supreme Court and High Courts have consistently emphasized the importance of
natural justice, even in administrative matters.

- It is applied to a wide variety of administrative actions, including disciplinary actions, taxation

- It ensures fair treatment and prevents biased or one-sided decisions.

- Landmark Indian Cases:

- K.K. Verma v. Union of India (1961) – Held that natural justice principles apply to administrative
decisions.

- Olga Tellis v. Bombay Municipal Corporation (1985) – Natural justice principles apply even to
decisions affecting social rights.

## 8. Conclusion

The Principles of Natural Justice are essential for maintaining fairness, transparency, and impartiality
in decision-making processes. Though not codified, these principles have evolved through judicial
decisions and continue to be fundamental in upholding justice in administrative, judicial, and quasi-
judicial matters.

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📘 Section 6 – Composition of Tribunal

(Under the Administrative Tribunals Act, 1985)

⚖️What does Section 6 say?

Section 6 deals with who can be appointed as members of the Central and State Administrative
Tribunals, and how many members the Tribunal should have.

🧑‍⚖️1. Structure of the Tribunal:

Each Tribunal shall consist of:

✅ A Chairman, and

✅ Such number of Vice-Chairmen and other Members (both judicial & administrative) as the
Government may decide.

👤 2. Qualifications for Appointment:

✅ Chairman

Must be:

A retired or sitting judge of a High Court, or

Has held the post of Vice-Chairman for at least 2 years, or

Held the post of Secretary to the Government of India for at least 2 years.

✅ Vice-Chairman

Must be:

Eligible to be a High Court judge, or

Held the post of Secretary to the Government of India, or

Held post of Additional Secretary or equivalent for at least 5 years, or

Been a member of the Tribunal for at least 2 years.

✅ Judicial Member

Must be

Eligible to be a High Court judge, or

✅ Administrative Member

Must be:

Worked as Secretary or Additional Secretary to Government of India, or

Worked in an equivalent post under State Government for a minimum of 2 years.

🔁 3. Appointing Authority:

Appointed by the President of India (for Central Tribunal).

In consultation with the Chief Justice of India (for judicial members).

📌 Important Point:

The aim is to maintain a balance between judicial and administrative expertise to ensure just and
efficient resolution of service-related disputes.

📘 Section 8 – Term of Office

🧑‍⚖️What does Section 8 say?

This section deals with how long the Chairman, Vice-Chairman, and Members of the Administrative
Tribunal can hold office.

⏳ 1. Term of Office:

Designation Term of Office

Chairman 5 years or till age of 65 years (whichever is earlier)

Vice-Chairman 5 years or till age of 62 years (whichever is earlier)

Other Members 5 years or till age of 62 years (whichever is earlier)

🔁 2. Eligibility for Reappointment:

Yes ✅

A person who has completed one term can be reappointed, if eligible.

⚠️Note:

The age limit acts as a maximum cap, meaning:

Even if a person's 5-year term is not over, they must retire once they reach the maximum age (65 or
62, depending on the post).

📌 Purpose:

Ensures fresh appointments and infusion of new expertise in the Tribunal.

Maintains judicial discipline similar to regular courts.

📘 Section 9 – Resignation and Removal of Chairman, Vice-Chairman, and Members

Any Member, Vice-Chairman, or Chairman of the Tribunal can resign from their office.

They must submit a written resignation to the President of India.

However, they will:

Continue in office until 3 months from the date of notice,

Or until a successor takes charge,

Or until the President permits earlier relief—

Whichever is earliest.

⚠️2. Removal from Office:

A member can be removed from office only by the President, but only on grounds of misbehavior or
incapacity.

Such removal can be done after an inquiry conducted by a Supreme Court judge.

During this inquiry, the member must be informed of the charges and given a reasonable
opportunity to defend themselves.

🛡 3. Suspension during Inquiry:

While the inquiry is ongoing, the President may suspend the person from office.

📌 Purpose of Section 9:

To protect judicial independence by preventing arbitrary removal.

To ensure accountability through a formal inquiry.

To balance resignation rights with the need for administrative continuity.

🧠 Extra Tip for Exams:

Mention that this provision mirrors the principles of natural justice, especially the rule of audi
alteram partem (hear the other side), before removal.

📘 Section 14 – Jurisdiction, Powers, and Authority of the Central Administrative Tribunal (CAT)

⚖️What is Section 14 about?

This section defines the types of service matters over which the Central Administrative Tribunal (CAT)
has jurisdiction (i.e., the authority to hear and decide).

✅ 1. Who can approach CAT?

CAT can hear cases related to persons appointed to public services and posts in connection with the
affairs of the Union.

This includes:
Central Government employees

Employees of any Union territory

Employees of government-owned or controlled corporations, companies, societies, etc.

🔍 2. What matters can CAT decide?

CAT has the power to decide service matters, including:

Recruitment and appointments

Conditions of service (like pay, leave, seniority, promotions, transfers, etc.)

Dismissal, removal, or reduction in rank

Termination of service

Any other matter related to service or employment

❌ 3. What matters are excluded from CAT’s jurisdiction?

CAT does not deal with:

Members of armed forces

Officers or employees of the Supreme Court or High Courts

Secretarial staff of Parliament

🧠 Why is this section important?

It reduces burden on courts by transferring service-related cases to a specialized tribunal.

It ensures speedy and expert adjudication of service disputes.

💡 Quick Revision Keywords:

CAT – Central Govt employees – Recruitment to Termination – Not for Armed Forces or Judiciary

📘 Section 22 – Procedure and Powers of the Tribunal

⚖️What is Section 22 about?

It tells us:

What procedure the Tribunal (like CAT or SAT) should follow, and

What powers the Tribunal has while handling cases.

✅ 1. Not Bound by Civil Procedure Code (CPC):

It must follow principles of natural justice instead.

🔹 This gives the Tribunal flexibility and helps in faster disposal of cases.

✅ 2. Tribunal Can Regulate Its Own Procedure:

The Tribunal can set its own rules and procedures for:

Hearing applications

Taking evidence

Deciding cases

✅ 3. Powers of a Civil Court (For Limited Purposes):

The Tribunal has some powers like a civil court, for:

Summoning people and examining them on oath

Requiring documents to be produced

Receiving affidavits

Examining witnesses

Requisitioning public records or official documents

Issuing commissions to examine witnesses/documents

📝 These powers are similar to those given in the CPC.

⚠️4. Proceedings Deemed Judicial:

All proceedings before the Tribunal are treated as judicial proceedings under:

Section 193, 219 IPC (false evidence, etc.)

Section 196 IPC (corruption or misuse)

This gives legal protection and ensures fairness and accountability.

🧠 Why is Section 22 Important?

It provides independence to the Tribunal.

Ensures natural justice, while giving essential court-like powers.

Balances informality with authority.

💡 Quick Revision Tip:

Not bound by CPC – Follows natural justice – Own procedure – Civil court powers – Proceedings =
judicial