Principles of Natural Justice

What is Natural Justice?

Is Might Right?

Constitution of India

Art 14

Art 21

Art 311

Article 14 in The Constitution Of India 1949

Equality before law

The State shall not deny to any person equality before the law or the

equal protection of the laws within the territory of India

Article 21 in The Constitution Of India 1949

Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except

according to procedure established by law

Article 311 in The Constitution Of India 1949

311. Dismissal, removal or reduction in rank of persons employed in

civil capacities under the Union or a State

(1) No person who is a member of a civil service of the Union or an all

India service or a civil service of a State or holds a civil post under the

Union or a State shall be dismissed or removed by a authority

subordinate to that by which he was appointed

(2) No such person as aforesaid shall be dismissed or removed or

reduced in rank except after an inquiry in which he has been

informed of the charges against him and given a reasonable

opportunity of being heard in respect of those charges

Rule against Bias

Prejudice

Motivated by self interest

Rule against Bias

Tests of Bias – Reasonable Suspicion of Bias; Real Likelihood of Bias

Kinds of Bias

Personal Bias

APSRTC v. Satyanarayana Transport (P) Ltd

Mineral Development Corporation Ltd v. State of Bihar

Ramanand Prasad Singh v. UOI

Manak Lal v. Dr. Prem Chand

A. K. Kraipak v. UOI

State of UP v. Mohd Nooh

G.N. Nayak v. Goa University

Pecuniary Bias

Jeejeebhoy v. Asstt. Collector, Thana

Mohapatra & Co. v. State of Orissa

Dimes v Grand Junction Canal

Subject matter bias / Departmental bias

Gullappalli Cases I and II

Gullappalli Nageswara Rao v. APSRTC

Pre- conceived notion bias

Franklin v. Minister of Town & Country Planning

Kondala Rao v. APSRTC

Bias on account of obstinacy

West Bengal v. Shivananda Pathak

Doctrine of Necessity

In Re: Vinay Chandra Mishra

Audi Alteram Partem

Components of fair hearing

Notice

Joseph Vilangadan v. Executive Engineer

State of Karnataka v. Mangalore University Non Teaching Employees

Association

ii.

Right to know the evidence against him

Dhakeswari Cotton Mills v. Commr. of Income Tax

iii.

Right to present case and evidence

UOI v. J.P. Mitter

A. K. Roy v. UOI

iv.

Right to rebut adverse evidence

Cross examination

Legal representation

Cross Examination


State of J & K v. Bakshi Gulam Mohammed

Kanungo & Co. v. Collector of Customs

Legal representation

M.H.Hoskot v. State of Maharashtra

Nandlal Bajaj v. State of Punjab

A. K. Roy v. UOI

v.

No ex parte evidence

Errington v. Minister of Health

Hira Nath Mishra v. Rajendra Medical College

vi.

Enquiry report to be shown

UOI v. E. Bashyan


Keshav Mills Co. Ltd v. UOI

Reasoned Decisions

Constitutional Basis

Statutory Basis

Right to Information Act

Maneka Gandhi v. UOI

Sunil Batra v. Delhi Administration

M.P.Industries v. UOI

UOI v. Essel Mining & Industries Ltd – sufficiency of reasons

Post Decisional Hearing

Maneka Gandhi v. UOI



K.I.Shepherd v. UOI

Exceptions to the principles of Natural Justice

Purely administrative action (Karnataka Public Service Commission v.

B.M. Vijay Shankar) and

Quasi-legislative action (UOI v. Cynamide India Ltd)

Emergency(Swadeshi Cotton Mills v. UOI)

Confidentiality (Malak Singh v. State of Punjab)

Necessity (Charanlal Sahu v. UOI)

Exceptions to the principles of Natural Justice

Impracticability (R. Radhakrishnan v. Osmania University)

Interim Preventive Action (Abhay Kumar v. K. Srinivasan)

Where no right is infringed (Andhra Steel Corporation v. APSEB)

Government policy Decision (BALCO Employees Union v. UOI)

Contractual arrangement (Gujarat v. M.P. Shah Charitable Trust)

Useless formality (Dharmarathmakara Rai Bahadur Arcot Ramaswamy

Mudaliar Educational Institution v. Education Appellate Tribunal.)

o

Effects of non – compliance

From Natural Justice to fairness

A. K. Kraipak v. UOI

Ridge v. Baldwin