Principles of Natural Justice

The primary aim of the principles of natural justice is to ensure equity in the economic undertakings of society and people. It also defends individual liberty against any arbitrary action.

The idea of natural justice is not present in the Indian constitution. However, authorities consider it an element mandatory for the management of justice. It is an idea of usual law which originates from “jus natural”, which stands for the law of nature. In simple terms, principles of natural justice establish the differences between right and wrong.

This article will discuss Principles of Natural Justice in the context of the Civil Services Exam.

Download The E-Book Now!

The candidates can go through the relevant topics useful for their upcoming exams from the links provided below:

What Are the Principles of Natural Justice?

‘Natural’ justice does not simply mean justice discovered in nature. It is a compilation of ideas that should be naturally connected with justice, regardless of whether these ideas are part of law. Natural justice applies comprehensively to administrative discretion. Its goal is to prevent mischievousness and unfairness towards the resident with managing authorities.

The principles of natural justice in India are those regulations made by the courts as being the least protection of the person’s rights against the arbitrary policy that judicial, quasi-judicial principles of natural justice in administrative law power may adopt while making an order working on those rights.

The committee on Minister’s Power or Frank Committee has laid down the following norms of natural justice:

1. No one shall determine in his own cause

2. Making accessible a copy of the statutory report

3. No one should be convicted without a hearing

4. A party has the right to know all the causes of the decision

Indian Constitution and Principles of Natural Justice

As already mentioned, the Indian Constitution does not use the expression ‘Natural Justice’ anywhere. However, the following parts of the Constitution with their respective expressions convey the idea of Natural Justice.

• Preamble: ‘Social, Economic and Political’ justice, liberty of belief, thought, worship, and equality of opportunity and status
• Article 14: Equal protection of the law for all citizens of India and equality before law
• Article 21: Right to liberty and life
• Article 22: Provision of fair hearing for an arrested person
• Article 39-A: Free legal services for disabled and indignant people
• Article 311: Constitutional protection for civil servants
• Article 32, 136, and 226: Constitutional solutions for violations of fundamental rights

Also read:

• Rule of Law
• Right to Constitutional Remedies
• Right to Equality (Articles 14 – 18)

Two Principles of Natural Justice

There are mainly two Principles of Natural Justice. These two Principles are:

• ‘Nemo judex in causa sua’. No one should be made a judge in his own cause, and the rule against bias.
• ‘Audi alteram partem’ means to hear the other party, or no one should be condemned unheard.

Rule Against Bias or Nemo Judex In Causa Sua

“No one should be a judge in his own case” since it directs to the rule of biases. Bias signifies an act that leads to an unfair job, whether in an unconscious or conscious phase about a specific case or the party. Hence, this rule reinforces impartiality in a judge impartially and ensures that the judgement delivered is solely based on the evidence available for a case.

Nemo Judex In Causa Sua signifies rule against bias. This is the first principle of natural justice that states no individual should be a judge in his own cause, or a deciding power must be neutral and impartial when examining any case.

Type of Bias

Personal Bias

Personal bias originates from a relation between a deciding authority and the party. This can place the deciding administration in a questionable situation to undertake an unfair act and deliver judgement in his person’s favour.

Pecuniary Bias

In case there is any kind of financial interest on the judicial body’s part, notwithstanding the amount, it will lead to biases for the administrative authority.

Subject Matter Bias

This bias is applicable when the deciding administration falls under the subject matter of a specific case, directly or indirectly.

Policy Notion Bias

Issues emerging from preconceived policy notions is a very dedicated problem. The mob in a courtroom does not anticipate judges to deliver a fair judgement and trial with a clean sheet of paper.

Other Bias are:

• Preconceived Notion Bias

• Departmental Bias or Institutional Bias

• Bias on account of the Obstinacy

Audi Alteram Partem (Rule of Fair Hearing)

It comprises 3 Latin words, which simply means that a person can receive punishment or conviction without having a civil and fair chance of being heard. In simple words, this rule states that both parties must have the chance to represent their viewpoints, and authorities should conduct a fair trial accordingly. This is a significant rule of natural justice as it prevents authorities from subjecting any individual to punishment without a sound and valid ground. A person should get prior notice, so he knows about all the charges against him in advance, and prepare accordingly. This is also called a rule of fair hearing. The constituents of fair hearing do not remain fixed. It varies across authorities and cases.

The principle of natural justice has been followed and adopted to save public rights against random arbitrary decisions by the administrative authority. Therefore, an individual can easily see that the rule of natural justice includes the concept of fairness and honesty: they stay alive and help to safeguard fair dealing.

Note: UPSC 2023 is approaching closer, supplement your preparation with the free UPSC Study Materials by BYJU’S.

Start your IAS Exam preparation by understanding the UPSC Syllabus in-depth and planning your approach accordingly.

For more information about upcoming Government Exams, visit the linked article. More exam-related preparation materials will be found through the links given below:

UPSC Preparation Links: