RULE OF LAW

&
Principles of Natural
Justice
Constitutional Governance
Democratic Governance: Procedure Established to Due Process

Common Law System: Adversarial

Administrative System: Quasi Judicial

Rule of Law: Liberty, Equality and Fraternity

Separation of Power

Constitutionalism, Legalism and Judicial Review

 “

“The principles of natural

justice are easy to proclaim,
but their precise extent is
far less easy to define”
Abbott v Sullivan(1952)1 K.B 189
“Natural Justice implies, fairness,
equity and equality”

Cooper v. Wordsworth Board of

Works 1863

Ridge v. Baldwin 1964 HL

Principles of Natural Justice

“Nemo in
properia causa
Audi Alteram
judx , esse debet
Partem
or Nemo Judex
in Causa Sua”

Hear the other

party or the rule
None can be of fair hearing,
judge in his own or the rule that
case no one should be
condemned
unheard
Principles of Natural Justice in
India
In India Principles of Natural justice are firmly grounded in
Article 14 and 21 of the constitution.(Maneka Gandhi v Union of
India (AIR 1978 SC 597 A.K. Kraipak v UOI 1979 SC)

“ The Procedure established by Law” under article 21 ensures the

concept of substantive and procedural due process.

“The procedure established by law” must answer the test of

reasonableness, means cannot be arbitrary, fanciful or oppressive.

“The procedure established by law” must be fair just and

reasonable.
Constitution of India and
Principle of Natural Justice
The right to equality before law and equal protection of law,
guaranteed by art 14 , forbids arbitrariness. Conformity with
the rules of natural justice is considered essential for avoiding
the charge of arbitrariness.

Under article 19 the six freedoms are subject to ‘reasonable

restrictions’ mentioned in cl 2-6. While determining the
reasonable restrictions, weather they are imposed after fair
hearing, is an important criteria.

Under article 21 ‘procedure established by law means fair and

just procedure. Such procedure is bound to include fair
hearing.
Principle of Natural Justice

Article 22 provides procedure for arrest and

detention of a person. Such person must be
No person shall deprived of his property, except
informed as soon as possible, grounds of arrest,
by authority of law Article 300A ‘authority of law’
must not denied the right to consult and be
means such authority of law that provides for fair
defended by the legal practitioners of his choice
hearing.
and must be produced before the magistrate with
in the twenty four of the arrest
PNJ

Article 311(2) says that no

person who is member of
civil service under the union
Government or a state
Government shall be
dismissed or removed or
Section 80 CCP, 1908
reduced in rank except after
an inquiry in which he is
informed of the charges
against him and give an
opportunity of being heard
in respect of those charges.
In absence of Any provision

“Where none of the above

•Right of Hearing
Constitutional provisions is involved,
and if the statute is silent on the need
of the hearing, the Court decides
whether even in absences of an
explicit provision for hearing, a
hearing is necessary”
Article 14, 19 & 21 :Constitution
Article 14, 19, and 21 are not mutually
exclusive.

The procedure established by law must

be in compliance of the Article 14 and
19.

Article 14 provides strikes arbitrariness

in administrative actions and ensures
fairness and equality of treatment, as
arbitrariness is antithesis to equality.

Article 19 ensures reasonableness while

providing grounds for curtailment of
six freedoms
Rule against Bias
Bias means an operative
prejudice, weather conscious or
unconscious, in relation to the
party or issue.
Such preconceived opinion or a
Bias may be generally defined
predisposition or a
as partiality or preference
predetermination to decide a
which is not founded on reason
case in a particular manner, so
and is actuated by self interest--
much so that it does not leave
-whether pecuniary or personal.
the mind open.
Kinds of Bias
Personal Bias : Friendship, Enmity, Marital Relations, Blood relations, Malice, Respect,
Hostility etc.

A.K. Kraipak v. UoI AIR 1970 SC, MDB v. State of Bihar 1960

Pecuniary Bias: N.B. Jeejeebhoy v. Asst. Collector AIR 1965 SC 1096, Tata Cellular v. UOI
1994 SC

Subject matter Bias: G Nageshwar Rao v. APSRTC 1959 SC

Departmental Bias

Preconceived notion Bias

Bias on account of obstinancy

Rule of Fair Hearing( Audi Alterum partem)
The requirement of this principle is that the judge
must be impartial and must decide the case
objectively on the basis of evidence on record.

“ no man be judge of its own cause “ but also “justice

should not only be done but should manifestly and
undoubtedly be seen to be done”. Lord Hewert

Impartiality, objectivity and public confidence

provide the foundation on which the super structure
of the rule of bias is built.
The Corollary deduced from the principle is

“he who decide anything without the other side having been
heard although he may have said what is right will not have
done what is right”(qui alquid statuerit, parte inaudita
altera aeuquum licet dixerit, haud aequum forecit).
• It is mot merely of some importance , but is of fundamental importance
that justice should not only be done but shold manifestily and undoubtedly
be seem to be done.(Lord Hewart in R. v Sussex Justices(1924)
Fair hearing includes
Right to Notice

Right to know the evidences against him

Right to present case and evidence

The right to rebut adverse evidence

• Cross examination

Legal representation

No evidence taken at back of other party

Report of enquiry to be shown to the other party

Notice

Bihar School
Adequacy, Board of Vidya Niwas
Examination
appropriateness, Technical Mishra v.
Board v.
grounds, Education v. Gorakhpur
Subhash
reasonable Dhanwantri Kr. University 1969
Kashyap AIR
opportunity. 1991 SC SC
1970 SC
Cross Examination

Hira Nath
Bakshi Gulam Mishra v.
Mohd. V. State Principal
of J& K 1967 Rajendra
SC Medical College
1973 SC
Oral Hearing
A.K. Gopal v State of
Madras
Not an integral part of
PNJ.
POST DECISIONAL
HEARING
Maneka Gandhi v. UoI
AIR 1978 SC
Swadeshi Cotton Mill v.
UOI 1981 SC
Charan Lal Sahu v. UoI
1990 SC
Legal Representation

Not generally NSA if NSA Means

if one is prosecution NATIONAL SECURITY ACT
defended then hires then the
only allowed. accused can.

A.K. Roy v. Board of

UoI 1982 Trustee Port
Trust of
Bombay v.
Dileep Kumar
1983 SC
Reasoned Decision/Speaking Order
Maneka Gandhi
v. UoI 1978

Sunil Batra v.
Delhi
Administration

Rattilal
Bhogilal v.
State of Gujarat
1966 SC

S.N. Mookerji v.
UoI 1990
Effect of Breach of Principles of
Natural Justice
The Non observance of Principles of natural Justice is itself
prejudice to any man and proof of prejudice independently of
proof of denial of natural justice is unnecessary.

Non Compliances of principle of natural justice does not

always make an action Void ab initio.

Mere technical infirmity not causing substantive injustice

would not always an action invalid.
PNJ
Every administrative
action in sense is
voidable, because it
is valid, until it is
struck down by the
Court.

Non Compliance of
the rule of fair
hearing is an action
without jurisdiction.
It is ultra vires act
and has to be nullity.
Exception of PNJ
Exclusion in Legislative Work

Emergency

Academic Evaluation

Impractical Circumstances

Statutory Exclusion

Provisional Disciplinary Action