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Principle of Natural Justice is derived from the word ‘Jus Natural’ of the Roman law and it is closely related to Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of natural justice is adhered to by all the citizens of civilised State with Supreme importance. In the ancient days of fair practice, at the time when industrial areas ruled with a harsh and rigid law to hire and fire, the Supreme court gave its command with the passage of duration and establishment of social, justice and economy statutory protection for the workmen.
Natural justice simply means to make a sensible and reasonable decision making procedure on a particular issue. Sometimes, it doesn’t matter what is the reasonable decision but in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of ‘fairness’ it has different colours and shades which vary from the context
Basically, natural justice consists of 3 rules.
The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the panel of expert members should be given a fair opportunity to express his point of view to defend himself.
Secondly, “Bias rule” generally expresses that panel of expert should be biased free while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice.
And thirdly, “Reasoned Decision” which states that order, decision or judgement of the court given by the Presiding authorities with a valid and reasonable ground.
The principle of natural justice is a very old concept and it originated at an early age. The people of Greek and roman were also familiar with this concept. In the days of Kautilya, arthashastra and Adam were acknowledged the concept of natural justice. According to the Bible, in the case of Eve and Adam, when they ate the fruit of knowledge, they were forbidden by the god. Before giving the sentence, eve was given a fair chance to defend himself and the same process was followed in the case of Adam too.
Later on, the concept of natural justice was accepted by the English jurist. The word natural justice is derived from the Roman word ‘jus-naturale’ and ‘lex-naturale’ which planned the principles of natural justice, natural law and equity.
“Natural justice is a sense of what is wrong and what is right.”
In India, this concept was introduced at an early time. In the case of Mohinder Singh Gill vs. Chief Election Commissioner, the court held that the concept of fairness should be in every action whether it is judicial, quasi-judicial, administrative and or quasi-administrative work.
: Legal Principle: Justice should not only be done, but also seen to be done.
Facts: L, an honest Lawyer had 200 shares in Company X. Later, L was elevated to the High Court as a Judge and had to deal with Company matters. A dispute between Company X and its creditors came before L for decision.
Which among the following proposition is true?
L, as an honest person will definitely judge the matter on the merits only. So, the principle cannot apply
A judge cannot excuse himself from taking up a case posted before him by the Court Registry.
L should refrain from hearing the matter as he holds shares of the Company X.
Since, L has only 200 shares he has no substantial interest in the company and hence can decide the matter.
L should refrain from hearing the matter as he holds shares of the Company X
By: Parvesh Mehta ProfileResourcesReport error
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