1

SPECIAL PROJECT REPORT ON

“RIGHT TO EQUALITY AND NATURAL

JUSTICE”
SUBMITTED TO:

Dr. Deepak Srivastava

Faculty, Constitutional Governance

SUBMITTED BY:

Hemant Verma
Roll no. 58

SECTION A

SEMESTER III, B.A. LLB (HONS.)

SUBMITTED ON:

December 3, 2018

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Uparwara Post, Abhanpur, New Raipur – 493661 (C.G.)
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Declaration

I, Hemant Verma of Semester III, Section A declare that this project submitted to H.N.L.U.
Raipur is an original work done by me under the able guidance of Dr. Deepak Srivastava. The
work is a bona fide creation done by me. Due references have been given wherever necessary.

Hemant Verma
Roll No. 58
Semester III, Sec. A
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ACKNOWLEDGEMENTS

I feel highly elated to work on the project “Right to Equality and Natural Justice”. The
practical realisation of the project has obligated the assistance of many persons. Firstly I express
my deepest gratitude towards Dr. Deepak Srivastava, Faculty of Constitutional Governance,
to provide me with the opportunity to work on this project. His able guidance and supervision
were of extreme help in understanding and carrying out the nuances of this project.

I would also like to thank The University and the Vice Chancellor for providing extensive
database resources in the library and for the internet facilities provided by the University.

Some printing errors might have crept in which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project.

Hemant Verma

Roll No. 58

Semester III

Section A
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Contents
Declaration.............................................................................................................................................. 2
ACKNOWLEDGEMENTS ............................................................................................................................ 3
INTRODUCTION ....................................................................................................................................... 5
Research Methodology ............................................................................................................................ 6
Objectives of study .................................................................................................................................. 6
Questions ................................................................................................................................................ 6
Hypothesis .............................................................................................................................................. 6
Scope of study ......................................................................................................................................... 6
Mode of citation ...................................................................................................................................... 6
Constitutional Provision- Article 14.......................................................................................................... 7
Principles OF Natural Justice .................................................................................................................... 8
Natural Justice and Article 14 ................................................................................................................ 10
Conclusion............................................................................................................................................. 13
Bibliography .......................................................................................................................................... 14
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INTRODUCTION
In The Constitution of India, nowhere the expression Natural Justice is used. However, golden
thread of natural justice sagaciously passed through the body of Indian constitution. Preamble of
the constitution includes the words, ‘Justice Social, Economic and political’ liberty of thought,
belief, worship... And equality of status and of opportunity, which not only ensures fairness in
social and economical activities of the people but also acts as shield to individuals liberty against
the arbitrary action which is the base for principles of Natural Justice.

Apart from preamble Art 14 ensures equality before law and equal protection of law to the
citizen of India. Art 14 which strike at the root of arbitrariness and Art 21 guarantees right to life
and liberty which is the fundamental provision to protect liberty and ensure life with dignity. Art
22 guarantees natural justice and provision of fair hearing to the arrested person. Directive
principles of state Policy specially Art 39-A takes care of social, economic, and politically
backward sections of people and to accomplish this object i.e. this part ensure free legal aid to
indigent or disabled persons, and Art 311 of the constitution ensures constitutional protection to
civil servants. Furthermore Art 32, 226, and 136 provides constitutional remedies in cases
violation of any of the fundamental rights including principles of natural justice. With this brief
introduction author undertakes to analyze some of the important provision containing some
elements of Principle of Natural Justice.

Constitutional Provisions relating to the ‘Principles of Natural Justice’

Article 14: as we know that this Article guarantees equality before law and equal protection of
law. It bars discrimination and prohibits both discriminatory laws and administrative action. Art
14 is now proving to be bulwark against any arbitrary or discriminatory state action. The
horizons of equality as embodied in Art 14 have been expanding as a result of the judicial
pronouncements and Art 14 has now come to have a highly activist magnitude. It laid down
general preposition that all persons in similar circumstance shall be treated alike both in
privileges and liabilities imposed. 1

1
http://www.legalservicesindia.com/article/1519/Principles-of-Natural-Justice-In-Indian-Constitution.html
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Research Methodology
The method of research adopted is doctrinal & descriptive in nature. Secondary sources of
information have been used to give the research work a concrete structure. Websites & e-articles
have been extensively referred for relying on the data. Other relevant sources as suggested by the
faculty coordinator have been referred to. Footnotes have been provided wherever required.

Objectives of study
 To study about the Right to Equality and Natural justice.
 To examine the legal provisions under Constitution of India.
 To study about the applicability of natural justice in Article 14.

Questions
 What is Right to Equality and Natural Justice?

Hypothesis
Principles of Natural Justice are coexistent with Article 14 of Constitution of India.

Scope of study
In this project, the author only discuss about Principle of Natural Justice under Article 14.

Mode of citation
The mode of citation of this project is bluebook 19th edition.
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Constitutional Provision- Article 14

“The state shall not deny to any person equality before the law or the equal protection of
the laws within the territory of India.”…………………………………………………. (Art.
14).

Article 14 guarantees to every person the right to equality before the law or the equal protection
of laws. The first expression ‘equality before the Law’ which is taken from English Common
Law, is somewhat a negative concept. It is a declaration of equality of all persons within the
territory of India, implying thereby the absence of any special privilege in favour of any
individual. Every person, whatever be his rank or position, is subject to the jurisdiction of the
ordinary courts. It means no man is above law and that every person, high or low, is subject to
the ordinary law of the land.

The second expression, “equal protection of laws”, which is rather a corollary of the first
expression, and is based on the last clause of the first section of the Fourteenth Amendment
to the American Constitution, directs that equal protection shall be secured to all persons
within the territorial jurisdiction of the Union in the enjoyment of their rights and privileges
without favouritism or discrimination. It is a more positive concept (as it expects a positive
action from the state) implying equality of treatment in the equal circumstances. In other words,
all persons who are in the same circumstances will be governed by the same set of rules. It is a
guarantee of equal treatment. An equal law should be applied with an equal hand to all persons
who are the equals. The rule is that the like should be treated alike and not that unlike should be
treated alike. The same or uniform treatment of unequals is as bad as unequal treatment of
equals. It has been said that the equal protection of the law is a pledge of protection or guarantee
of equal laws.

In State of West Bengal v. Anwar Ali Sarkar, the Court rightly observed that the second
expression is the corollary of the first and it is difficult to imagine a situation in which the
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violation of equal protection of laws will not be the violation of the equality before the law.
Thus, in substance, the two expressions mean one and the same thing. 2

Thus, the two expressions in Article 14 make the concept of equal treatment a binding principle
of State Action. In Sri Srinivasa Theatre v. Govt. of Tamil Nadu 3, the Supreme Court explained
that the two expressions equality before the law and equal protection of law do not mean the
same thing even if there may be much in common between them. Equality before the law is a
dynamic concept having many facets. One facet is that there shall be no privileged person or
class and that none shall be above law. Another facet is the obligation upon the State to bring
about, through the machinery of law, an equal society or, equality before the law can be
predicated meaningfully only in equal society.

Principles OF Natural Justice

In India there is no statute laying down the minimum procedure which administrative agencies
must follow while exercising decision-making powers. This minimum fair procedure refers to
the principles of natural justice. Natural justice is a concept of common law and represents
higher procedural principles developed by the courts, which every judicial, quasi-judicial and
administrative agency must follow while taking any decision adversely affecting the rights of a
private individual.

The principle of natural justice encompasses following two rules:

1. Nemo judex in causa sua - No one should be made a judge in his own cause other rule
against bias.
2. Audi alteram partem - Hear the other party or the rule of fair hearing or the rule that no
one should be condemned unheard.

2
AIR 1952 SC 75
3
(1992) 2 SCC 643
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RULE AGAINST BIAS (NEMO JUDEX CAUSA SUA)

Bias means an operative prejudice, whether conscious or unconscious in relation to aparty or

issue. The rule against bias flows from following two principles:

a) No one should be a judge in his own cause.

b) Justice should not only be done but manifestly and undoubtedly be seen to be done.

Thus a judge should not only be impartial but should be in a position to apply his mind
Objectively to the dispute before him.

A.K.Kraipak Vs. UOI In this case, Naquishband, who was the acting Chief Conservator of
Forests, was a member of the Selection Board and was also a candidate for selection to All India
cadre of the Forest Service. Though he did not take part in the deliberations of the Board when
his name was considered and approved, the SC held that `there was a real likelihood of a bias for
the mere presence of the candidate on the Selection Board may adversely influence the
judgement of the other members'.
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Natural Justice and Article 14

Article 14: as we know that this Article guarantees equality before law and equal protection of
law. It bars discrimination and prohibits both discriminatory laws and administrative action. Art
14 is now proving to be bulwark against any arbitrary or discriminatory state action. The
horizons of equality as embodied in Art 14 have been expanding as a result of the judicial
pronouncements and Art 14 has now come to have a highly activist magnitude. It laid down
general preposition that all persons in similar circumstance shall be treated alike both in
privileges and liabilities imposed.

Art 14 manifests in the form of following propositions:

(i) A law conferring unguided and unrestricted power on an authority is bad for being arbitrary
and discriminatory.
(ii) Art. 14 illegalize discrimination in the actual exercise of any discretionary power.
(iii) Art. 14 strikes at arbitrariness in administrative action and ensures fairness and equality of
treatment.

In some cases, the Courts insisted, with a view to control arbitrary action on the part of the
administration, that the person adversely affected by administrative action be given the right of
being heard before the administrative body passes an order against him. It is believed that such a
procedural safeguard may minimize the chance of the Administrative authority passing an
arbitrary order. Thus, the Supreme Court has extracted from Art. 14 the principle that natural
justice is an integral part of administrative process.

While dealing with Art.14, in Union of India Vrs. Tukaram Patel ,the Supreme Court
encountered the question 'whether the rules of natural justice form part of Art.14 and, If so,
how? And after detailing a historical account of it and various landmark cases like Re. The
special courts Bill, 1978, Maneka Gandhi Vrs, Union of India, Ajaya Hassia Vrs. Khalid Mujib,
wherein lie the seed of natural justice, the Supreme Court observed: "The principles of natural
justice have thus come to be recognised as being a part of the guarantee contained in Art.14
because of the new and dynamic interpretation given by this court to the concept of equality
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which is the subject-matter of that Article. Shortly put, the syllogism runs thus: violation of a
rule of natural justice results in arbitratiness which is the same as discrimination; where
discrimination is the result of State action, it is a violation of Article 14: therefore, a violation of
a principle of natural justice by a sate action is a violation of Art.14.

In Re Special Courts Bill, 19784, Chandrachud, J., observed: “The underlying principle of the
guarantee of Art. 14 was that all persons similarly circumstanced should be treated alike both in
privileges conferred and liabilities imposed.

Hussainara Khatoon case The Supreme Court has taken a gigantic innovative step forward in
humanizing the administration of criminal justice by suggesting that free legal aid be provided by
the State to poor prisoners facing a prison sentence. When an accused has been sentenced by a
Court, but he is entitled to appeal against the verdict, he can claim legal aid: if he is indigent and
is not able to afford the counsel, the State must provide a counsel to him. The Court has
emphasized that the lawyer’s services continued an ingredient of fair procedure to a prisoner who
is seeking his liberation through the Court’s procedure.

Art. 14 guarantee a right of hearing to the person adversely affected by an administrative order.
In Delhi Transport Corporation v. DTC Mazdoor Union 5, SC held that “the audi alteram
partem rule, in essence, enforce the equality clause in Art 14 and it is applicable not only to
quasi-judicial bodies but also to administrative order adversely affecting the party in question
unless the rule has been excluded by the Act in question.” Similarly in Maneka Gandhi v. Union
of India SC opined that Art 14 is an authority for the proposition that the principles of natural
justice are an integral part of the guarantee of equality assured by Art. 14 an order depriving a
person of his civil right passed without affording him an opportunity of being heard suffers from
the vice of violation of natural justice.

There are several instances where Art 14 of the Constitution is invoked to protect individual
from the violation of natural justice principles, in Central Inland Water Transport
Corporation Ltd v. Briojo Nath6 in this case a government company made a service rule
authorizing it to terminate the service of permanent employee by merely giving him a three

4
1978 AIR 1979 SC 478
5
AIR 1991 SC 101
6
AIR 1986 SC 1571
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months’ notice or salary in lieu of notice. The rule was declared to be invalid as being violative
of Art. 14 on the ground that it was unconstitutional. The rule in question constituted a part of the
employment contract between the corporation and its employees. The Court ruled that it would
not enforce, and would strike down, an unfair and unreasonable clause in a contract entered into
between parties who were not equal in bargaining power. This was in conformity with the
mandate of the “great equality clause in Art. 14.”

The Court emphasized that the judicial concept of Art. 14 have progressed “from a prohibition
against discriminatory class legislation to an invalidating actor for any discriminatory or arbitrary
state action.” The Court also emphasized that the rule was “both arbitrary and unreasonable” and
“as it also wholly ignored and set aside the Audi alterum partum rule” violated Art. 14. This is of
the view that “the principle of natural justice has now come to be recognized as being a part of
the constitutional guarantee contained in Art. 14.” The rule in question was “both arbitrary and
unreasonable,” and it also wholly ignored and set aside the Audi alterm partum rule and, thus, it
violated Art 14.
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Conclusion
In a welfare state like India, the role and jurisdiction of administrative agencies is increasing at a
rapid pace and with rapid expansion of state liability and civic needs of the people conferment of
administrative discretion became need of an hour. With expansion in scope of discretionary
power of administrative authority the regulatory measures are to be equipped with sufficient
power to prevent abuse of discretion. In this regard Constitutionalzed rule of law country like
India, component of natural law, i.e. fair play in action must be found and reproclaimed by
judiciary to keep intact the supremacy of rule of law in India. In this regard author submits that
“the rules of natural justice can operate only in areas not covered by law validly made” such old
judicial decisions of Apex Court and other High Court must be reconsidered and correct view
would be declaring principles of natural justice necessary corollary of Law, they must operate in
presence of and even in contravention to the established law where the interest of justice
demands.

In India, the principles of natural justice are firmly grounded in Article 14.. The violation of
principles of natural justice results in arbitrariness; therefore, violation of natural justice is a
violation of Equality clause of Art. 14.
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Bibliography
Bare act

 The Constitution of India

Website :
 http://www.legalservicesindia.com/article/1519/Principles-of-Natural-Justice-In-Indian-
Constitution.html
 https://www.scribd.com/document/260596801/PRINCIPLES-OF-NATURAL-JUSTICE-
pdf
 http://shodhganga.inflibnet.ac.in/bitstream/10603/187007/11/11_chapter%206.pdf