The Principles of Natural justice is a concept that needs to be understood by everyone. Basically once you understand the Principles of Natural Justice you get on insight on what constitutes justice and what constitutes injustice. To better understand the concept of natural justice we first need to under what does the term “natural justice” really means.
The words ‘natural justice’ is derived from the Roman word ‘Jus Naturale’, which means principles of natural law, justice, equity, and good conscience. The term “natural” literally means the innate tendency or quality of things or objects and the word “just” means upright, fair or proper. So, we can say that “natural justice” refers to the tendency to be fair towards one another. Natural Justice is the instinct to be morally right and is completed based on common sense.
The Principles of Natural Justice have not be enshrines as such in any provisions of the Law, however, it is the essence on which the whole premise of law on which the law is based. It is come to be understood that the Principles of Natural Justice comes within the ambit of Right to Equality enshrined under the Article 14 Constitution of India and within the ambit of Right to Life and Personal Liberty enshrined under Article 21of the Constitution of India.
There are basically three things to be understood:
- No person shall be a judge of his own case. This means that any decision of the court has to be free from bias.
- Every person should be given an equal opportunity of being heard.
- Speaking orders and reasoned decisions.
These are the three basic principles which constitute natural justice. In case any of these principles are being violated the aggrieved party can file a case.
Effect of violation or breach of Principles of Natural Justice:
- The decisions made against the rule of bias are voidable and not void.
- A decision taken with giving all the parties involved an equal opportunity of being heard is completely void and holds no value, whatsoever.
- The decisions taken by the Courts should be reasonable, failing which, they will be void.
Remedies against violation or breach of principles of natural justice include:
- Filing of writ under Article 226 before the High Court.
- Filing of writ under Article 32 before the Supreme Court.
- Filing of case before any tribunal in case of violation committed at that tribunal.
Every action of the judiciary has to be administered under the Principles of Natural Justice to ensure that the basic rights of the parties are not violated which include defending the Fundamental Rights of the parties enshrined under the constitution.
Regards,
Adv (Dr.)Rajkumar S Adukia
International Legal Counsel, Motivational speaker and Growth Coach
Author of 300 plus books,
B.Com (Hons.), FCA, FCS, FCMA, LL.B, MBA, M.Com, IP, MBF, DipIFRS (UK), DLL&LW, DIPR, Dip in Criminology, Ph.D.
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