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Administrative Law

The document discusses natural justice and its applicability to administrative bodies. Natural justice refers to moral justice and equitable principles like fairness. It is derived from concepts that should naturally be associated with justice, whether incorporated in law or not. Rules of natural justice require fair decision-making procedures. Initially, rules of natural justice only bound judicial and quasi-judicial bodies. However, the Supreme Court of India later ruled that even administrative orders with civil consequences must follow natural justice principles. Therefore, principles of natural justice are now applicable to administrative authorities in addition to judicial and quasi-judicial bodies when a decision affects individual civil rights.

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180 views1 page

Administrative Law

The document discusses natural justice and its applicability to administrative bodies. Natural justice refers to moral justice and equitable principles like fairness. It is derived from concepts that should naturally be associated with justice, whether incorporated in law or not. Rules of natural justice require fair decision-making procedures. Initially, rules of natural justice only bound judicial and quasi-judicial bodies. However, the Supreme Court of India later ruled that even administrative orders with civil consequences must follow natural justice principles. Therefore, principles of natural justice are now applicable to administrative authorities in addition to judicial and quasi-judicial bodies when a decision affects individual civil rights.

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LowlyLutfur
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Administrative Law

1. What is Natural Justice? Who are bound to it? Whether the principle is applicable
to administrative body?
Definition: Justice is of two types namely Legal Justice and Natural Justice. Legal justice refers
to justice governed by the law of the state and natural Justice refers to moral justice and is
governed by the Laws of Equity.
The word ‘Natural Justice’ is derived from the Roman word ‘Jus Naturale’, which means
principles of natural law, justice, equity, and good conscience. Natural Justice is not
something derived from Laws of nature. Laws of nature promote the survival rather than
justice. Therefore, ‘natural’ justice is not justice found in nature; it is a compendium
(collection) of concepts which must be naturally associated with justice, whether these
concepts are incorporated in law or not.
Natural Justice is also known as substantial justice, fundamental justice, universal justice or
fair play in action. Rules of natural justice are the minimum standards of fair decision-making
imposed on persons or bodies acting in a judicial capacity. Rules of natural justice are not
rules embodied in any statute
Who are bound to it? Whether the principle is applicable to administrative body?
In strict sense where there is a valid law, principles of natural justice is not applicable. These
rules can operate only in areas not covered by any law validly made, in other words, Rules of
Natural Laws do not supplant law, but supplement it. (A.K. Kraipak Vs. Union of India (AIR
1970 SC 150))
Rules of Natural Justice are procedural in nature and are applied where an authority takes a
decision which involves civil rights of individual(s). Earlier the rules of Natural Justice were
binding only to judicial and quasi-judicial bodies (Kishan Chand V. Commissioner of Police -
1961 3SCR-165) but later on SC of India held that even an administrative order which involves
civil consequences must be made consistently with rules of natural justice. In Maneka Gandhi
V Union of India (A I R 1978) SC held that the Rules of Natural Justice are applicable to judicial,
Quasi-Judicial and Administrative authorities.
2. Audi Alterem Partem

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