Principles Of Natural Justice In The Light Of Administrative Law (These slides were made as a part of a classwork)

1. Principles Of Natural Justice In The Light Of
Administrative Law

2. Shifat Alam
172824

3. Contents
History Definition Principles of
natural justice
Rule against
bias
The rule of fair
hearing
Exclusion of
natural justice

4. History
Natural justice was first applied in ‘Garden of Eden’ where opportunity to be heard was given to
Adam and then providing him punishment.It has found its origin in the early Greek and Roman
empires, being acknowledged even in Kautilya’s Arthashastra. In more ways than other the Indian
concept of dharma is similar to the concept of natural justice. All powers of the State including
executive, legislative and judicial were maintained by the king.. Indian emperor Ashok laid down
the important rules as to what nature of justice should be. He had great concern for fairness in the
exercise of justice, caution and tolerance in application of sentences, etc. Evidently, principles of
natural justice are not a new invention however it isn’t manmade either. It has been derived from
our core moral conscience and built upon by several philosophers, jurists, kings and teachers.
Aristotle being the biggest proponent of natural justice as support for a virtuous existence that
advances lives of individuals and promotes perfect community; people should employ practical
wisdom or active reason to be consistent with a virtuous existence.

5. Definition
The principles of natural
justice are not embodied
rules and are not codified.
They are laid down majorly by
courts and need to be kept in
mind by every judicial, quasi-
judicial and administrative body,
while carrying out its functions.
. The purpose of following
the principles of natural
justice is the prevention of
miscarriage of justice.
Natural justice is an
expression of English
common law and involves a
procedural requirement of
fairness..
The principles of natural
justice have great
significance in the study of
Administrative law.
It is also known as substantial
justice or fundamental justice or
Universal justice or fair play in
action.

6. Principles of natural justice
The rule of fair hearing
Content Here
Content Here
Rule against bias
Hear the other
side
No man shall be a
judge in his own
cause

7. Rule against bias
This principle is more popularly known as the Doctrine
of Bias. That is the authority sitting in judgment should
be impartial and act without bias.
This principle is based on the following rules
No one should be a judge in his own cause.
Justice should not only be done, but manifestly
and undoubtedly be seen to be done.

8. The rule against bias may be
classified under the following
three heads:
Pecuniary bias
Personal bias
Bias as to subject matter

9. The rule of fair hearing
The second fundamental principle of natural justice
is audi alteram partem or the rule of fair hearing. It
means no one shall be condemned unheard i.e.
there must be fairness on the part of the deciding
authority.According to this principle, reasonable
opportunity must be given to a person before taking
any action against him.

10. Essentials of fair
hearing
To constitute fair
hearing, the
following ingredients
are to be satisfied-
Notice
Hearing

11. Fair trial Natural rights Public
Interest
To prevent
arbitrariness
and injustice
Procedural
fairness
Purposes

12. Exclusion of natural justice
Exclusion by statutory
provisions
1
01
02
03
04
05
06
Exclusion by the
constitutional provisions.
2
Exclusion in case of
legislative act
3
Exclusion in public
interest
4
Exclusion in case of
confidentiality
5
Exclusion in case of
fraud
6

13. Conclusion
In a nutshell, it can be seen that earlier the principles of natural justice were applied to courts of law
only but later on it has extended, to the tribunals exercising quasi- judicial functions and then to the
statutory authorities and the administrative authorities, who have upon them, the responsibility of
determining the rights, liberties and obligations of the people.
In normal conditions, an action or a decision, judicial, quasi-judicial or administrative, is affecting the
rights of an individual is unthinkable. Currently, there can be no process without affording both the
parties a chance of fair hearing before an impartial, rational judge. This is necessary for a society,
which is governed by rule of law; and the principles of natural justice promote the notion of the rule
of law. The principles of natural justice are great humanizing tools with endows law with fairness
and secure justice to prevent miscarriage of justice.

14. THANK YOU