2014-15 Relief on account of failure of Natural Justice IX trimester

Acknowledgement
I would like to express my sincere gratitude to my Administrative Law teachers Prof (Dr) SS
Singh and Prof (Dr) Sushma Sharma for the opportunity and their constant guidance. I would
also like to thank Director, NlIU Bhopal for providing all the facilities.

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2014-15 Relief on account of failure of Natural Justice IX trimester

Introduction
Natural justice is a term of art that denotes specific procedural rights in the English legal system
and the systems of other nations based on it. The American concepts of fair procedure and
procedural due process are similar and having roots parallel to the origins of natural justice.

Natural Law is of the 'higher law of nature' or 'natural law'. Natural Law does not mean the law
of the nature or jungle where lion eats the lamb and tiger eats the antelope but a law in which the
lion and lamb lie down together and the tiger frisks the antelope. Natural Law is another name
for common-sense justice.

In the absence of any other law, the Principles of Natural Justice apply.

It is not possible to define precisely and scientifically the expression 'natural justice.’ It is a
vague and ambiguous concept and, having been criticized as greatly lacking in precision, has
been “consigned more than once to the lumber room”. It is a confused and unwarranted concept
and encroaches on the field of ethics. Though eminent judges have at times used the phrase 'the
principles of natural justice”, even now the concept differs widely in countries usually described
as civilized1.

It is true that the concept of natural justice is not very clear and concrete and yet the principles of
natural justice are accepted and enforced. In reply to the aforesaid criticism against natural
justice, Lord Reid in the historical decision of Ridge v. Baldwin observed:

“….In modern time opinions have sometimes been expressed to the effect that natural justice is
as vague as to be practically meaningless. But I would regard these as tainted by the perennial
fallacy that because something cannot be cut and dried or nicely weighed or measured therefore
it does not exist…”

The Principles of Natural Justice have come out from the need of man to protect himself from
the excesses of organized power. Natural Justice has often been invoked in conjunction with
equity and good conscience.

In the modern civilizations natural justice refers to the minimum procedural safeguards against
decision making. Earlier these safeguards i.e. principles of natural justice were limited to act
1
Lectures On Administrative Law; Osmania University Library

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2014-15 Relief on account of failure of Natural Justice IX trimester

against judicial and quasi-judicial functions. But over time with the great increase in scope of
administrative functions the courts of developed and applied the principles a=of natural justice
even against administrative functions.

After the behemoth judgement of Ridge vs Baldwin and others following it, it is a settled
principle that wherever a decision adversely affects the rights, interests, property or legitimate
expectations of any person, the decision must be made after strict compliance with the principles
of natural justice. The aspect of legitimate expectations is the newest addition to the interests
protected by natural justice and is growing which is dynamic example of the ever increasing and
adaptable characteristic of natural justice.

There are two widely revered components of natural justice:

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

The objective of invoking natural justice against administrative functions is to protect the rights
and interests of the individual against the excessive use and abuse of power. Often while making
laws for the public, the legislature confers a great amount power to the administrative authorities
to enforce and implement those lows and to modify, or add to such laws. Most of the times these
laws do not prescribe a clear procedure for the exercise of such powers whether quasi-judicial or
purely administrative. The principles of natural justice rise to these situations and serve as the
minimum procedural rules to be followed while making any decision which shall adversely
affect the rights of any individual.

It is imperative for every administrative authority, trusted with a discretionary power which may
affect any individual, to observe the principles of natural justice while making use of such
discretion. Generally principles of natural justice cannot be invoked against courts as there are
clear and detailed laws of procedure (C.P.C, Cr.P.C and Evidence law) which ensure that there is
no miscarriage of rules of natural justice in any proceeding.

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Development of Natural Justice

First Phase (1863-1915)
This phase was the first time when the principles of natural justice were invoked to challenge
administrative functions.

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